May 30, 2023 LAW OF PERSONS – DIVORCE PROCEEDINGS – RESTITUTION OF CONJUGAL RIGHTS – A FINAL ORDER OF DIVORCE MAY BE ISSUED IN CIRCUMSTANCES WHERE THERE IS AN EXISTING FINAL PROTECTION ORDER . De Wet v De Wet NAHCMD (30 May 2023)
May 26, 2023 CIVIL PROCEDURE – LOCUS STANDI TO INSTITUTE AND PURSUE CLAIMS ON BEHALF OF A CLOSE CORPORATION . Amadhila v Mundjele NAHCMD (26 May 2023)
May 26, 2023 CIVIL PROCEDURE – INTERLOCUTORY APPLICATION – CONDONATION OF THE LATE FILING OF AN ANSWERING AFFIDAVIT AND LIFTING OF BAR THEREON. Boulter v Tabarak Trading and Contracting LLC NAHCMD (26 May 2023)
May 26, 2023 CIVIL PROCEDURE – LOCUS STANDI TO INSTITUTE AND PURSUE CLAIMS ON BEHALF OF THE CC. Amadhila v Mundjele NAHCMD (26 May 2023)
May 22, 2023 WHEN IS THE LAW WHAT IT IS, AND WHEN IS IT WHAT IT OUGHT TO BE? – A TALE OF TWO JUDGMENTS
May 17, 2023 CIVIL PROCEDURE – ABSOLUTION FROM THE INSTANCE – ONUST TO MEET PRIMA FACIE CASE. Coenbritz Farming (Pty) Ltd v Nelson NAHCMD (17 May 2023)
May 16, 2023 CIVIL PROCEDURE AND PRACTICE – IRREGULAR PROCEEDING ito RULE 61 – TANGIBLE PREJUDICE; CONDONATION APPLICATIONS– APPLICABILITY OF RULE 32(9) & (10) THERETO. Cape Cross Salt (Pty) Ltd vs Minister of Mines and Energy NAHCMD (16 May 2023)
May 16, 2023 CONSTITUTIONAL LAW – ARTICLE 81 – DOCTRINE OF PRECEDENT (STARE DECISIS). Digashu v GRN, Seiler-Lilles v GRN NASC (16 May 2023)
May 16, 2023 CRIMINAL LAW – MURDER; LAW OF EVIDENCE – EVALUATION OF – SELECTIVE ACCEPTANCE OR REJECTION OF THE SAME WITNESS’S EVIDENCE IN THE ABSENCE OF OTHER COMPELLING EVIDENCE JUSTIFYING SUCH COURSE IS IMPERMISSIBLE. S v Madisia NAHCMD (16 May 2023)
May 16, 2023 LEGISLATION – IMMIGRATION CONTROL ACT – FRANK OR NO FRANK, THERE IS NO STATUTORY PROVISION FOR SAME-SEX MARRIAGES IN NAMIBIAN LAW – MINISTRY APPLIED S 2(1)(C) CONSISTENTLY WITH THE ACT READ WITH OTHER STATUTES AND THE CONSTITUTION. Digashu v GRN, Seiler-Lilles v GRN NASC (16 May 2023) – Dissenting judgment
May 16, 2023 LEGISLATION – IMMIGRATION CONTROL ACT – INTERPRETATION – ‘SPOUSE’ IN S 2(1)(C) TO BE INTERPRETED TO INCLUDE SAME-SEX SPOUSES LAWFULLY MARRIED IN ANOTHER COUNTRY. Digashu v GRN, Seiler-Lilles v GRN NASC (16 May 2023)
May 15, 2023 CIVIL PROCEDURE – APPLICATION FOR SUMMARY JUDGMENT – WHEN APPROPRIATE TO GRANT SUMMARY JUDGEMENT. Anga Enterprise CC v The Independent Patriots for Change NAHCMD (15 May 2023)
May 12, 2023 LABOUR LAW – APPEAL OF ARBITRATION AWARD – LAPSE OF PERIOD IN WHICH TO LODGE COMPLAINT AT LABOUR COMMISSIONER. Fisheries Observer Agency v Shivute NALCMD 21 (12 May 2023)
May 5, 2023 CIVIL PROCEDURE – COMPANY – WINDING UP – SET OFF – NO SET OFF CAN BE AFFECTED UNLESS RECIPROCAL DEBTS EXISTED AND WERE DUE AND PAYABLE BEFORE THE CONCURSUS CREDITORUM WAS ESTABLISHED. Small and Medium Enterprises Bank Limited v Shikondjo Construction CC NAHCMD (5 May 2023)