Namibia Case Law

MIS Hamza Construction v Britz (HC-MD-CIV-ACT-CON- 610 of 2021)

MIS Hamza Construction v Britz (HC-MD-CIV-ACT-CON- 610 of 2021) [2022] NAHCMD 623 (16 November 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 610 of 2021

The plaintiffs failed to make out a prima facie case for unjust enrichment or entitlement to the return of property; they did not prove the amounts claimed or that the defendant was unjustly enriched at their expense. The evidence showed the truck and tanks were not in the defendant's possession, and the plaintiffs could not explain the calculation of the claimed amount. Therefore, no reasonable court could find for the plaintiffs, and absolution from the instance was granted.

Source excerpt

• Absolution from the instance
• Prima facie case
• Unjust enrichment
• Burden of proof
• Postponement of trial

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Development Bank of Namibia Limited v Professional Drilling Solutions CC t/a Enviro Drill and Others (HC-MD-CIV-ACT-CON 282 of 2019)

Development Bank of Namibia Limited v Professional Drilling Solutions CC t/a Enviro Drill and Others (HC-MD-CIV-ACT-CON 282 of 2019) [2021] NAHCMD 556 (30 November 2021)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON 282 of 2019

The High Court ordered the third defendant to pay wasted taxed costs after a trial was postponed because counsel was ill, limiting liability to two trial days and travel costs.

• Postponement of trial
• Wasted costs
• Discretion on costs
• Trial preparation
• Wasted-costs
• Trial-postponement

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S v Kozonguizi (CC 20 of 2018)

S v Kozonguizi (CC 20 of 2018) [2021] NAHCMD 103 (5 March 2021)

Court

High Court Main Division

Case number

CC 20 of 2018

The High Court granted a postponement of plea and trial after finding the accused was medically unfit to stand trial and removing the matter from the trial-ready roll.

• Postponement of trial
• Medical grounds for adjournment
• Trial-readiness
• Criminal-procedure
• Postponement-of-trial
• Medical-ground-adjournment

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Booysen v State (HC-MD-CRI-APP-CAL 74 of 2020)

Booysen v State (HC-MD-CRI-APP-CAL 74 of 2020) [2021] NAHCMD 153 (8 February 2021)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 74 of 2020

The appellant was denied a fair trial due to being coerced to testify while unrepresented and unprepared, after his counsel withdrew, and the magistrate refused a postponement to allow new counsel. This constituted a fundamental irregularity that vitiated the proceedings.

Source excerpt

• Right to legal representation
• Fair trial
• Postponement of trial
• Condonation for late filing

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Capx Finance Namibia (Pty) Ltd v Onamagongwa Trading Enterprises CC (HC-MD-CIV-ACT-DEL 3632 of 2018)

Capx Finance Namibia (Pty) Ltd v Onamagongwa Trading Enterprises CC (HC-MD-CIV-ACT-DEL 3632 of 2018) [2020] NAHCMD 31 (30 January 2020)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-DEL 3632 of 2018

The High Court granted a trial postponement after the plaintiff could not secure a key witness, but ordered wasted costs on an attorney-and-client scale.

• Postponement of trial
• Costs orders
• Case management
• Trial-postponement
• Wasted-costs
• Attorney-and-client-costs

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Namibia Airports Company v IBB Military Equipment And Accessory Supplies Close Corporation (2) (HC-MD-CIV-ACT-OTH 1488 of 2017)

Namibia Airports Company v IBB Military Equipment And Accessory Supplies Close Corporation (2) (HC-MD-CIV-ACT-OTH 1488 of 2017) [2019] NAHCMD 550 (2 December 2019)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH 1488 of 2017

The High Court granted a postponement, leave for supplementary discovery, and condonation, finding the plaintiff's explanations adequate and prejudice manageable by costs.

• Postponement of trial
• Discovery
• Condonation
• Interlocutory applications
• Costs
• Civil-procedure

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Uatema and Another v Zapke and Others (HC-MD-CIV-ACT-OTH 3013 of 2016)

Uatema and Another v Zapke and Others (HC-MD-CIV-ACT-OTH 3013 of 2016) [2019] NAHCMD 276 (5 August 2019)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH 3013 of 2016

The plaintiffs failed to provide a full and satisfactory explanation for non-compliance with the rules and for the need for postponement, did not act timeously, and have repeatedly delayed the matter. The main reason for postponement was not the attorney's bereavement but lack of readiness to proceed. Granting further postponement would prejudice the defendants and undermine judicial case management objectives.

Source excerpt

• Postponement of trial
• Condonation
• Judicial discretion
• Case management

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Farmer and Another v Kriessbach and Others (1) ; Wertan Farming v Farmer and Another (1408 of 2010)

Farmer and Another v Kriessbach and Others (1) ; Wertan Farming v Farmer and Another (1408 of 2010) [2011] NAHC 354 (28 November 2011)

Court

High Court

Case number

1408 of 2010

The High Court of Namibia postponed a consolidated civil trial because the Judicial Case Management requirements had not been completed before trial.

• Judicial case management
• Postponement of trial
• Compliance with rules
• Judicial-case-management
• Postponement-of-trial
• Civil-procedure

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Hailulu v Anti Corrupton Commision and Others (2191 of 2009)

Hailulu v Anti Corrupton Commision and Others (2191 of 2009) [2010] NAHC 187 (11 November 2010)

Court

High Court

Case number

2191 of 2009

The High Court of Namibia postponed a defamation trial and ordered punitive costs against the Trade Union defendants for a late, inadequately explained postponement application.

• Postponement of trial
• Stay of proceedings
• Attorney and client costs
• Trial preparation
• Legal practitioner conduct
• Civil-procedure

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