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Namibia Case Law

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Civil procedure [2023] NAHCMD 671

Acasia Resorts (Pty) Ltd v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV-2021/00074)

Acasia Resorts (Pty) Ltd v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV-2021/00074) [2023] NAHCMD 671 (20 October 2023)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-REV-2021/00074

High Court granted condonation, joined the Townships Board chairperson and Registrar of Deeds, and allowed amendment of a review motion over a disputed township land sale.

  • Joinder of parties
  • Condonation for late filing
  • Amendment of pleadings
  • Review of administrative action
  • Setting aside property transfer
  • Validity of contract of sale
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Contract law [2022] NAHCMD 667

Namibia Electrical Services CC v Silas-Kishi Shakumu & Company Inc (HC-MD-CIV-ACT-CON- 1115 of 2019)

Namibia Electrical Services CC v Silas-Kishi Shakumu & Company Inc (HC-MD-CIV-ACT-CON- 1115 of 2019) [2022] NAHCMD 667 (7 December 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON- 1115 of 2019

The contract was between the plaintiff and the defendant, as evidenced by the quotations, payments, and conduct of the parties. The plaintiff performed the work as agreed, and the defendant is liable for the outstanding amount. The obligation to join any other interested party rested with the defendant, which was not done.

Source excerpt

  • Freedom of contract
  • Breach of contract
  • Interpretation of contracts
  • Joinder of parties
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Civil procedure [2022] NAHCMD 175

Hochland Park Pharmacy Close Corporation and Others v SME and Medium Enterprises Limited (HC-MD-CIV-MOT-REV 214 of 2021)

Hochland Park Pharmacy Close Corporation and Others v SME and Medium Enterprises Limited (HC-MD-CIV-MOT-REV 214 of 2021) [2022] NAHCMD 175 (6 April 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-REV 214 of 2021

Mr Elvis Bongani Ndala does not have a direct or substantial interest in the proceedings and would not be adversely affected by the outcome; the application for his joinder is dismissed.

Source excerpt

  • Joinder of parties
  • Representation of corporations
  • Rescission of judgment
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Civil procedure [2022] NAHCMD 59

Ovambanderu Traditional Authority v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 239 of 2019)

Ovambanderu Traditional Authority v Minister of Urban and Rural Development and Others (HC-MD-CIV-MOT-REV 239 of 2019) [2022] NAHCMD 59 (17 February 2022)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-REV 239 of 2019

The High Court dismissed a Rule 61 challenge to joinder and amended motion papers, holding the notice was defective, out of time, and showed no prejudice.

  • Irregular proceedings
  • Joinder of parties
  • Amendment of pleadings
  • Court management rules
  • Irregular-proceedings
  • Joinder-of-parties
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Civil procedure [2021] NAHCMD 377

Sinco Fishing (Pty) Ltd v Heinaste Investment Namibia (Pty) Ltd (HC-MD-CIV-MOT-GEN 588 of 2020)

Sinco Fishing (Pty) Ltd v Heinaste Investment Namibia (Pty) Ltd (HC-MD-CIV-MOT-GEN 588 of 2020) [2021] NAHCMD 377 (20 August 2021)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-GEN 588 of 2020

The High Court of Namibia upheld a special plea of non-joinder, finding the Prosecutor-General and Tunacor had a direct and substantial interest in the dispute.

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Family law [2021] NASC 22

Nakuumba v Ipinge and Others (SA 17 of 2020)

Nakuumba v Ipinge and Others (SA 17 of 2020) [2021] NASC 22 (14 June 2021)

Court
Supreme Court
Case number
SA 17 of 2020

The Supreme Court declined to hear the divorce appeal on the merits and ordered further affidavits on whether it should revisit MN v FN under Article 81.

  • Divorce
  • Universal partnership
  • Community of property
  • Res judicata
  • Joinder of parties
  • Article 81 of the constitution
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Civil procedure [2021] NAHCMD 179

Omeya Golf Estate and Home Owners Association v Grobler (HC-MD-CIV-ACT-CON- 4626 of 2018)

Omeya Golf Estate and Home Owners Association v Grobler (HC-MD-CIV-ACT-CON- 4626 of 2018) [2021] NAHCMD 179 (22 April 2021)

Court
High Court Main Division
Case number
HC-MD-CIV-ACT-CON- 4626 of 2018

The High Court of Namibia dismissed a special plea of lack of locus standi and held that only Omeya Golf Estate and Home Owners Association remained a plaintiff.

  • Locus standi
  • Joinder of parties
  • Amendment of pleadings
  • Locus-standi
  • Joinder-of-parties
  • Amendment-of-pleadings
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Civil procedure [2020] NAHCMD 571

Bruni v Yatsua Investments CC (HC-MD-CIV-ACT-OTH- 2204 of 2020)

Bruni v Yatsua Investments CC (HC-MD-CIV-ACT-OTH- 2204 of 2020) [2020] NAHCMD 571 (7 December 2020)

Court
High Court Main Division
Case number
HC-MD-CIV-ACT-OTH- 2204 of 2020

The High Court granted summary judgment for N$910,000 in an unjust enrichment claim, but allowed the third respondent to defend N$60,000 said to come directly from Mr. Kamushinda.

  • Condictio indebiti
  • Summary judgment
  • Prescription
  • Joinder of parties
  • Condictio-indebiti
  • Summary-judgment
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Insolvency law [2020] NASC 48

Baard & Others v Serengetti Tourism (Pty) Ltd ta Etosha Mountain Lodge (SA 38 of 2018)

Baard & Others v Serengetti Tourism (Pty) Ltd ta Etosha Mountain Lodge (SA 38 of 2018) [2020] NASC 48 (4 December 2020)

Court
Supreme Court
Case number
SA 38 of 2018

The Supreme Court upheld sequestration against the first appellant, set aside the order against the second for impermissible joinder, and treated the missing s 9(3) certificate as non-vitiating.

  • Sequestration
  • Joinder of parties
  • Burden of proof
  • Security for costs
  • Acts of insolvency
  • Insolvency-law
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Administrative law [2020] NAHCMD 451

Kudumo v Inspector-General of Namibian Police (HC-MD-CIV-MOT-GEN 441 of 2019)

Kudumo v Inspector-General of Namibian Police (HC-MD-CIV-MOT-GEN 441 of 2019) [2020] NAHCMD 451 (1 October 2020)

Court
High Court Main Division
Case number
HC-MD-CIV-MOT-GEN 441 of 2019

The High Court rejected a bid to stop police investigations, but ordered the Inspector-General to complete and disclose the findings within 30 days.

  • Mandamus
  • Statutory notice
  • Joinder of parties
  • Confidential information
  • Legal ethics
  • Sanctions for non-compliance
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.