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Namibia decisions
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Old Mutual Life Assurance Company (Namibia) Limited v Erasmus (HC-MD-CIV-ACT-CON- 3792 of 2020) [2021] NAHCMD 261 (27 May 2021)
The High Court held that a loan agreement between employer and employee was separate from employment, so it had jurisdiction and dismissed lis pendens.
Small and Medium Enterprises Limited represented by Bruni & McLaren v Green Technology Investment CC and Others (HC-MD-CIV-ACT-CON- 253 of 2018) [2021] NAHCMD 150 (8 April 2021)
The High Court dismissed lis pendens and irregularity objections and declared Erf 1130, Cimbebasia specially executable for a loan debt.
Olivier v The Deputy Sheriff for the District of Windhoek (HC-MD-CIV-MOT-GEN 352 of 2018) [2018] NAHCMD 360 (8 November 2018)
The High Court upheld a plea of lis pendens because the applicant had already launched a similar pending application and had not prosecuted it.
Zeraeua Traditional Authority v Mathe and Others (APPEAL 169 of 2013) [2013] NAHCMD 163 (13 June 2013)
The applicant failed to prove deprivation of possession for spoliation as respondents’ occupation predated its possession. However, the applicant established possession and control of the farms conferred by the Government, and respondents failed to show any legal right to occupy or graze cattle. The applicant was entitled to eviction and interim interdicts against the first to tenth respondents. Lis pendens did not apply as the Magistrate’s Court matter was struck from the roll and not pending. Urgency was justified and condonation granted.
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Transnamib Holdings Limited v Venter (A. 340_2000(5dec02)) (APPEAL 340 of 2000) [2000] NAHC 30 (5 December 2000)
The High Court of Namibia granted urgent vindicatory relief and a rule nisi, rejecting objections on urgency, joinder, lis pendens, and factual disputes.
Transnamib Holdings Limited v Venter (APPEAL 340 of 2000) [2000] NAHC 28 (17 November 2000)
The applicant, as owner, is entitled to vindicatory relief against the respondent who is in possession without right. The defences of lack of urgency, non-joinder, lis pendens, and factual dispute are unfounded. The matter was urgent due to ongoing loss and property deterioration, subtenants had no direct legal interest, the prior action was not on the same cause of action, and there was no genuine dispute of fact as to possession.
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Vlasiu v President of the Republic of Namibia and Others (5 of 1994) [1994] NALC 1 (17 November 1994)
The Labour Court held that Vlasiu signed his employment contract under duress, dismissed lis pendens and urgency objections, and declared the contract null and void.
Davey (118 of 2012) [2013] NAHCMD 383 (6 November 2013)
The application is stayed because the central issue—the validity of the 1986 parole policy—is already pending before another court in a case involving the same parties and cause of action. The requirements for lis pendens are satisfied, and it is pragmatic and just to await the outcome of the prior proceedings.
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