July 28, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – WHETHER LABOUR COURT SITS AS A COURT APPEAL OR COURT OF FIRST INSTANCE – CORRECTNESS OF ORDERS DIRECTING PAYMENTS OF A GROSS SALARY AMOUNT WITHOUT DEDUCTIONS AND OF PAYMENT OF COSTS. Desert Fruit (Pty) Ltd v Smith and others NASC (28 July 2023)
July 28, 2023 LEGISLATION – SUPREME COURT ACT 15 OF 1990 – QOURUM – CONSTITUTIONALITY OF DESIGNATING ONE JUDGE TO DETERMINE AN APPLICATION IN TERMS OF S 14(7)(a) OF THE SUPREME COURT ACT (INSTEAD OF THREE JUDGE IN TERMS OF ART 79(3)). Agricultural Bank of Namibia v Gaya NASC (28 July 2023)
July 28, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – SUPREME COURT APPEAL – TAXATION OF ATTORNEY AND CLIENT BILL – WHETHER TAXATION OF AN ATTORNEY AND CLIENT BILL IS A PREREQUISITE FOR LEGAL PROCEEDINGS TO RECOVER FEES. Dr. Weder, Kauta & Hoveka Inc. v Square Foot Development CC NAHCMD (28 July 2023)
July 28, 2023 CONTRACTS – RULE 110(4) OF THE RULES OF THE HIGH COURT – LEGAL FRAMEWORK GOVERNING SALE IN EXECUTION OF IMMOVABLE PROPERTY. Harris v Old Mutual Life Assurance and Others NASC 30 (28 July 2023)
July 28, 2023 CIVIL PROCEDURE – APPLICATION FOR SUMMARY JUDGMENT. Bank Windhoek Limited v JP Investment CC NAHCMD (28 July 2023)
July 28, 2023 LEGISLATION – SUPREME COURT ACT 15 OF 1990 – QOURUM – CONSTITUTIONALITY OF DESIGNATING ONE JUDGE TO DETERMINE AN APPLICATION IN TERMS OF S 14(7)(a) OF THE SUPREME COURT ACT (INSTEAD OF THREE JUDGE IN TERMS OF ART 79(3)). Agricultural Bank of Namibia v Gaya NASC (28 July 2023)
July 27, 2023 CIVIL PRACTICE – THE PLAINTIFF BEARS THE EVIDENTIAL BURDEN TO SUCCESSFULLY PROVE A CLAIM ON A BALANCE OF PROBABILITIES. Booysen v Quantum Investments 14 CC NAHCMD (27 July 2023)
July 27, 2023 LEGISLATION – LEGAL PRACTITIONERS ACT 15 OF 1995 – ADMISSION OF APPLICANT WITH FOREIGN LLB TO THE JUSTICE TRAINING CENTER – MATTER SENT BACK TO HIGH COURT . Akpabio v The Minister of Justice NAHCMD (27 July 2023)
July 25, 2023 CIVIL PROCEDURE – APPLICATION FOR SUMMARY JUDGMENT. Bank Windhoek v Van Zyl NAHCMD (25 July 2023)
July 25, 2023 LABOUR LAW – LABOUR COURT APPEAL – REVISITING THE DEFINITION OF EMPLOYEE IN TERMS OF THE LABOUR ACT 11 OF 2007. Swart v TubeOFlex Namibia (Pty) Ltd and Another NASC 15 (25 July 2016) The appellant alleged that he ...
July 24, 2023 CIVIL PROCEDURE – CONDONATION FOR THE LATE FILING OF A LEAVE TO APPEAL. BME Investment CC v Ambunda NAHNLD (24 July 2023)
July 24, 2023 CIVIL PROCEDURE – RULE 103(1)(a) – APPLICATION FOR RESCISSION TO SET ASIDE AN ORDER GRANTED IN PARTY’S ABSENCE – REQUIREMENTS TO BE MET. Amutenya v Supreme Electronic Engineering Solutions CC NAHCMD (24 July 2023)
July 21, 2023 CIVIL PROCEDURE: PRACTICE DIRECTIVE 61 – APPLICATION FOR SUMMARY JUDGMENT –EXECUTION OF IMMOVABLE PROPERTY. Bank Windhoek Limited v Grace City Investments CC NAHCMD (21 July 2023)
July 18, 2023 LEGISLATION – CONSTITUTIONAL CHALLENGE OF SECTIONS OF THE CORRECTIONAL SERVICE ACT 9 OF 2012 – PRACTICE OF PLACING HANDCUFFS ON INMATES BEHIND THEIR BACKS WHILE BEING TRANSPORTED; SOLITARY CONFINEMENT; AND THE DENIAL OF CONTACT VISITS TO TRIAL AWAITING INMATES. Minister of Safety and Security and 5 others v Kennedy and another NASC (18 July 2023)
July 18, 2023 CIVIL PRACTICE AND PROCEDURE – LAPSING OF APPEAL DUE TO NON-COMPLIANCE – CONDONATION APPLICATION FILED AFTER TWO YEARS OF BECOMING AWARE OF NON-COMPLIANCE. Minister of Safety and Security and 5 others v Kennedy and another NASC (18 July 2023)
July 7, 2023 LABOUR LAW – CONDONATION APPLICATION – INTERPRETATION OF SECTION 89(3) OF THE LABOUR ACT 11 OF 2007 AND RULE 17(25) OF THE LABOUR COURT RULES – COURT’S POWER TO CONDONE VIS-À-VIS LAPSING OF APPEAL . Haukambe v National Disability Council of Namibia NALCMD 28 (7 July 2023)
July 6, 2023 LABOUR LAW – URGENT APPLICATION TO STAY ARBITRATION AWARD PENDING APPEAL – POINTS IN LIMINE RAISED IN OPPOSITION. Agricultural Bank of Namibia v Kapolo NALCMD (6 July 2023)
July 5, 2023 CIVIL PROCEDURE – LEAVE TO APPEAL AGAINST ORDER DISMISSING APPLICATION FOR PENDENTE LITE INTERDICT. Menzies Aviation (Namibia) (Pty) Ltd v Namibia Airports Company Ltd NAHCMD (05 July 2023)