Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Namibia decisions
Decisions matching the current search
Stephanus v Kuutondokwa (HC-MD-CIV-ACT-OTH- 364 of 2020) [2022] NAHCMD 622 (16 November 2022)
The High Court granted absolution from the instance after the plaintiff failed to show a legal right or interest supporting declaratory relief about the making of a will.
Swakop Uranium v Employees of Swakopm Uranium as Per Schedule Annexure 'POC1' and Others (SA 70 of 2020) [2022] NASC 36 (14 November 2022)
The claims for overtime pay arose solely from section 17 of the Labour Act and not from the common law of contract. The Act provides a specific remedy and forum for such statutory rights, namely referral to the Labour Commissioner and arbitration, with a one-year time bar. The High Court lacked jurisdiction to hear claims based solely on statutory rights under the Act.
Source excerpt
Nedbank Namibia Limited v Emvula (HC-MD-CIV-MOT-GEN 399 of 2021) [2022] NAHCMD 591 (28 October 2022)
The High Court dismissed Nedbank’s application to authorize repossession and sale of a Maserati, holding the bank had elected damages, not rei vindicatio.
Matsi v Roads Contractor Company (Pty) Ltd (HC-MD-LAB-APP-AAA 12 of 2022) [2022] NALCMD 49 (2 September 2022)
The Labour Court dismissed an appeal over prescription, holding the dispute arose on 1 February 2017 and was lodged out of time under section 86(2)(b).
S v Gebhard (CR 92 of 2022) [2022] NAHCMD 453 (1 September 2022)
The High Court set aside a district court conviction on a competent verdict and substituted a conviction for motor vehicle theft after finding reckless abandonment.
ADIDAS (South Africa)(Pty) Ltd v Jacobs (HC-MD-CIV-ACT-CON- 2339 of 2019) [2022] NAHCMD 451 (1 September 2022)
The defendant failed to adduce evidence to support the special plea of lack of jurisdiction, and the court retains jurisdiction despite the foreign jurisdiction clause. In the absence of supporting facts, the special plea is dismissed.
Source excerpt
Ncumcara Community Forest Management Association v Environmental Commissioner (HC-MD-CIV-MOT-GEN 289 of 2022) [2022] NAHCMD 380 (29 July 2022)
The High Court lacks jurisdiction to grant interim relief pending appeal under s 50(6) of the Environmental Management Act, as the statutory power is vested exclusively in the Minister. Applicants failed to comply with mandatory urgency requirements under rule 73(4) and did not exhaust domestic remedies before approaching the court.
Source excerpt
Ongandjera Traditional Authority v IIyambo (HC-NLD-CIV-ACT-DEL 107 of 2021) [2022] NAHCNLD 57 (30 May 2022)
The High Court dismissed special pleas of defective service, lack of jurisdiction, and non-joinder in an eviction dispute over customary land rights.
SME and Medium Enterprises v Hochland Park Pharmacy Close Corporation and Moloi Trading Enterprises (HC-MD-CIV-MOT-REV 214 of 2021) [2022] NAHCMD 240 (13 May 2022)
The High Court lacks jurisdiction to review its own judgments, the applicants did not meet the requirements for rescission, and the applications were irregular proceedings under Rule 61, warranting their being set aside and struck out.
Source excerpt
Likoro v S (SA 19 of 2018) [2022] NASC 10 (12 April 2022)
The Supreme Court reviewed and set aside a High Court order granting leave to appeal, finding it a grave irregularity that offended functus officio and res judicata.
Explore more
