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Namibia Case Law

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Criminal law [2022] NASC 1

S v Koch (SA 3 of 2019)

S v Koch (SA 3 of 2019) [2022] NASC 1 (14 February 2022)

The Supreme Court of Namibia upheld an acquittal on rape charges but increased sentence for child trafficking and related convictions.

  • Child trafficking
  • Rape
  • Sexual offences
  • Sentencing
  • Evidence assessment
  • Criminal-law
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Contract law [2021] NAHCMD 93

Grand Trading CC v Zhong Mei Engineering (Pty) Ltd (HC-MD-CIV-ACT-CON- 4675 of 2018)

Grand Trading CC v Zhong Mei Engineering (Pty) Ltd (HC-MD-CIV-ACT-CON- 4675 of 2018) [2021] NAHCMD 93 (5 March 2021)

The High Court found the defendant failed to prove payment of a consultancy fee under a written agreement and entered judgment for the plaintiff.

  • Consultancy agreement
  • Onus of proof
  • Plea of payment
  • Evidence assessment
  • Contract-law
  • Onus-of-proof
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Criminal law [2021] NAHCMD 42

S v Shikongo (HC-MD-CRI-APP-CAL 18 of 2020)

S v Shikongo (HC-MD-CRI-APP-CAL 18 of 2020) [2021] NAHCMD 42 (15 February 2021)

The High Court of Namibia granted condonation, upheld a criminal appeal, and set aside a stock theft conviction and four-year sentence.

  • Stock theft
  • Appeal
  • Condonation
  • Common purpose
  • Evidence assessment
  • Criminal-law
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Criminal law [2016] NASC 11

S v Homses (3) (12 of 2014)

S v Homses (3) (12 of 2014) [2016] NASC 11 (8 June 2016)

The Supreme Court granted condonation, set aside seventeen acquittals for fraud, convicted the respondent on all twenty-nine counts, and increased sentence.

  • Fraud
  • Appeal procedure
  • Condonation
  • Sentencing
  • Acquittal
  • Evidence assessment
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Criminal law [2009] NAHC 130

S v Tem and Others (CA 159 of 2007)

S v Tem and Others (CA 159 of 2007) [2009] NAHC 130 (29 May 2009)

The High Court of Namibia dismissed an appeal against rape convictions and 10-year sentences, finding the complainant, medical evidence, and witness testimony supported the magistrate’s findings.

  • Rape
  • Appeal
  • Evidence assessment
  • Sentencing
  • Criminal-law
  • Criminal-appeal
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Tort [2006] NAHC 53

Swartz v Motor Vehicle Accident Fund and Another (1717 of 2003)

Swartz v Motor Vehicle Accident Fund and Another (1717 of 2003) [2006] NAHC 53 (10 March 2006)

High Court of Namibia found Serogwe negligent in a night-time intersection collision and awarded the plaintiff damages; the third-party claim against her husband failed.

  • Motor vehicle accident
  • Negligence
  • Apportionment of damages
  • Burden of proof
  • Evidence assessment
  • Motor-vehicle-accident
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Criminal law [2002] NASC 9

S v Ndjimba (SA 19 of 2001)

S v Ndjimba (SA 19 of 2001) [2002] NASC 9 (19 June 2002)

Appeal against a rape conviction succeeded after the Supreme Court found the alibi reasonably possibly true and the State had not proved identity beyond reasonable doubt.

  • Rape
  • Alibi
  • Evidence assessment
  • Credibility of witnesses
  • Cautionary rule for child witnesses
  • Witness-credibility
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Criminal law [2001] NASC 6

S v Vries (3) (Appeal Judgment) (SA 6 of 2001)

S v Vries (3) (Appeal Judgment) (SA 6 of 2001) [2001] NASC 6 (7 December 2001)

Although the law requires only the slightest penetration to constitute rape, the evidence in this case, particularly the medical evidence, did not prove penetration beyond reasonable doubt. Therefore, the conviction for attempted rape stands and the appeal is dismissed.

  • Rape
  • Attempted rape
  • Penetration requirement
  • Evidence assessment
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