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Namibia decisions
Decisions matching the current search
Winckler v Standard Bank Namibia Limited (HC-MD-CIV-ACT-CON- 3324 of 2018) [2022] NAHCMD 408 (12 August 2022)
The High Court refused a stay of proceedings pending a review of the Master’s decision to admit a claim in an insolvent estate, finding no exceptional circumstances.
Ohorongo Cement (Pty) Ltd v Erasmus (HC-MD-CIV-MOT-GEN 257 of 2021) [2022] NAHCMD 222 (29 April 2022)
The High Court ordered attorney-and-client costs against the respondent for dishonest opposition in a sequestration matter, and declined referral to the Prosecutor General.
Baard & Others v Serengetti Tourism (Pty) Ltd ta Etosha Mountain Lodge (SA 38 of 2018) [2020] NASC 48 (4 December 2020)
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.
Gravato NO and Another v Redelinghuys (APPEAL 401 of 2009) [2012] NAHC 6 (20 January 2012)
The High Court confirmed a rule nisi, holding the respondent was domiciled in South Africa at sequestration, and rejected a late prescription argument.
HAW Retailers CC t/a Ark Trading and Another v Nikanor t/a Natutungeni Pamwe Construction CC (1) (APPEAL 151 of 2008) [2010] NAHC 131 (4 October 2010)
The court found that the applicants failed to serve the rule nisi personally on the respondent as expressly ordered, and did not seek substituted service as required by the rules. The failure to comply with the court's directions was not condoned, and the provisional order was discharged.
Source excerpt
Kwouwds v Josea and Another (PA 227 of 2005) [2007] NAHC 99 (11 December 2007)
The High Court of Namibia held that non-service of the full ex parte sequestration application was fatal and discharged the rule nisi with attorney-and-own-client costs.
Commercial Bank of Namibia v Myburgh and Another (2) (APPEAL 171 of 1996) [1996] NAHC 56 (16 August 1996)
The High Court discharged a provisional sequestration order, holding that the applicant failed to prove insolvency, withheld a material document, and had its authority ratified.
Barotti Furniture (Pty) Ltd v Moodley (APPEAL 83 of 1996) [1996] NAHC 51 (19 June 1996)
High Court sequestration matter: the applicant failed to prove insolvency or an act of insolvency, and the rule nisi was discharged with costs.
Commercial Bank of Namibia v Myburgh and Another (1) (APPEAL 171 of 1996) [1995] NAHC 8 (20 September 1995)
High Court discharge of provisional sequestration order for non-disclosure, pending criminal proceedings, and failure to prove insolvency.
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