April 28, 2023 CRIMINAL PROCEDURE — TRIAL — PERMANENT STAY OF PROSECUTION – ARTICLE 12(1)(B) OF THE CONSTITUTION – APPLICANT CLAIMS PRE-TRIAL (TAINTED INVESTIGATION) PREJUDICE – UNLAWFUL ARREST AND DETENTION – TRIAL NOT TAKING PLACE WITHIN A REASONABLE TIME. Mostert v Prosecutor-General and Others NAHCMD (28 April 2023)
April 28, 2023 CIVIL LAW, PRACTICE, AND PROCEDURE – DEFENDANT’S APPLICATION FOR LEAVE TO GIVE ORAL EVIDENCE AT THE TRIAL IN TERMS OF RULE 93(5) – WHAT CONSTITUTE ‘GOOD CAUSE’. Kerii Architects & Designers v Nice Consulting Engineers (Pty) Ltd (28 April 2023)
April 28, 2023 CIVIL PRACTICE ‒ INTERLOCUTORY APPLICATION TO FILE COMPLETE WITNESS STATEMENT BROUGHT MID-TRIAL ON GROUNDS OF BONA FIDE ADMINISTRATIVE ERROR. Mutilifa v Windhoek Renovations CC NAHCMD 238 (28 April 2023)
April 27, 2023 CONTRACT LAW – DAMAGES CLAIM RESULTING FROM A BREACH OF CONTRACT – AUTOMATIC RENEWAL CLAUSE – COMMON INTENTION OF THE PARTIES. Lexconsult (Pty) Ltd v Nored Electricity (Pty) Ltd NAHCMD (27 April 2023)
April 27, 2023 CIVIL PROCEDURE – RECUSAL AND CONSIDERATIONS TO BE TAKEN INTO ACCOUNT IN DECIDING RECUSAL APPLICATIONS – THE KAMANYA PRINCIPLE AND ITS APPLICATION. Indongo Auto (Pty) Ltd) t/a Indongo Toyota v Iipinge NALCMD (27 April 2023)
April 27, 2023 CONTRACTS – LEASE AGREEMENTS – BREACH AND CONSEQUENCES THEREOF – WHAT CONSTITUTES UNLAWFUL EVICTION . Ochs v Cloete NAHCMD 228 (27 April 2023)
April 27, 2023 LABOUR LAW – UNFAIR DISMISSAL – ARBITRATION AWARD – WHETHER AN EMPLOYER CAN DEPART FROM THE TERMS OF THE DISCIPLINARY CODE. Indongo Auto (Pty) Ltd) t/a Indongo Toyota v Iipinge NALCMD (27 April 2023)
April 27, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – PROPER APPROACH TO THE RESOLUTION OF DISPUTES OF FACT AND FACTORS TO BE TAKEN INTO ACCOUNT. Indongo Auto (Pty) Ltd) t/a Indongo Toyota v Iipinge NALCMD (27 April 2023)
April 26, 2023 CIVIL PROCEDURE – APPEAL – WHETHER THE COURT A QUO WAS ENTITLED TO AUTHORISE THE GRANTING OF SUBPOENAS DUCES TECUM IN MOTION PROCEEDINGS AND AGAINST NON-PARTIES. Attorney-General and another v Gondwana Collection Ltd and others NASC (26 April 2023)
April 26, 2023 CIVIL PROCEDURE – DIVORCE PROCEEDINGS – DIVISION OF JOINTLY OWNED PROPERTY – CHILD CUSTODY AND MAINTENANCE – PRACTICE DIRECTIVE 61. Johannes v Uutoni [2023] NAHCMD 222 (26 April 2023)
April 26, 2023 CIVIL PRACTICE – ABSOLUTION AT CLOSE OF PLAINTIFF’S CASE – COURT APPLYING TRITE TEST – WHETHER REASONABLE COURT SATISFIED THAT PLAINTIFF HAS ESTABLISHED PRIMA FACIE CASE REQUIRING ANSWER FROM THE DEFENDANT. Hans v Silver Lining Investments and Properties (Pty) Ltd NAHCMD (26 April 2023)
April 26, 2023 LEGISLATION – PRESCRIPTION ito SECTION 133(3) OF CORRECTIONAL SERVICES ACT r/w SECTION 11 OF PRESCRIPTION ACT. Ganuseb vs Minister of Safety And Security: Charles Namoloh NAHCMD (26 April 2023)
April 25, 2023 LEGISLATION – REVIEW OF PRIME MINISTER’S POWERS – PUBLIC SERVICE ACT, 13 OF 1995 LABOUR LAW – WHETHER THE LABOUR COURT IS SEPARATE FROM THE HIGH COURT. Masule v Prime Minister of the Republic of Namibia NASC; NAHCMD
April 24, 2023 CIVIL PROCEDURE – APPLICATION TO AMEND PARTICULARS OF CLAIM – REASONS FOR ORDER. The University of Namibia v Katewa NAHCMD (24 April 2023)
April 24, 2023 CIVIL PROCEDURE – APPLICATION FOR CONDONATION – FAILURE TO FILE PLEA – REASONS FOR ORDER. Snyder v Minister of Health and Social Services NAHCMD (24 April 2023)
April 24, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – CONDONATIONS – DEFENDANTS’ APPLICATION FOR CONDONATION FOR FAILURE TO FILE PLEA – UPLIFTMENT OF AUTOMATIC BAR. Snyder v Minister of Health and Social Services – (24 April 2023)
April 20, 2023 CIVIL PROCEDURE – APPLICATION FOR SUMMARY JUDGMENT – REASONS FOR ORDER. Shilipipo vs Welwitschia Wings Investments CC NAHCMD (20 April 2023)
April 20, 2023 CIVIL PROCEDURE – SPECIAL PLEA OF NON-JOINDER – REASONS FOR ORDER. Nelumbu v New Era Publication Corporation and Others NAHCMD (20 April 2023)
April 20, 2023 LEGISLATION – COMPANIES ACT 28 OF 2004 – S 51(2) – TWO COMPANIES HAVING SIMILAR NAMES – REGISTRAR OF BUSINESS AND INDUSTRIAL PROPERTY ORDERING APPLICANT COMPANY TO CHANGE ITS NAME. First St John’s Apostolic Faith Mission v Registrar of Companies NAHCMD (20 APRIL 2023)
April 19, 2023 CIVIL PROCEDURE – APPLICATION FOR LEAVE TO RE-OPEN CASE FOR DEFENDANT TO ARGUE ABSOLUTION FROM THE INSTANCE. Herero Royal Red Flag Association v Herero Red Flag Association NAHCMD (19 April 2023)