October 30, 2023 LABOUR LAW — LABOUR ACT 11 OF 2007 — SECTION 33 — APPEAL AGAINST AN ARBITRATION AWARD — WHETHER DISMISSAL WAS SUBSTANTIVELY AND PROCEDURALLY UNFAIR . Kavari v International University of Management NALCMD 52 (30 October 2023)
October 21, 2023 CIVIL PROCEDURE – LAW OF EVIDENCE – ADMISSIBILITY OF EVIDENCE LED VIA VIDOE LINK – JUDICIAL DISCRETION – INTEREST OF JUSTICE. National Fishing Corporation (Pty) Ltd v African Selection Fishing (Namibia) (Pty) Ltd & Others NAHCMD 580 (21 October 2022)
October 17, 2023 CONSTITUTIONAL LAW – CRIMINAL LAW – CONSTITUTIONALITY OF RESTRAINT ORDERS ISSUED IN TERMS OF POCA – ARTICLE 12(1)(D) AND ARTICLE 16 OF THE NAMIBIAN CONSTITUTION. Hatuikulipi v Prosecutor-General NAHCMD (17 October 2023)
October 13, 2023 CIVIL PROCEDURE – INTERPLEADER APPLICATION – APPLICABLE LEGAL PRINCIPLES. The Acting Deputy Sheriff of Windhoek Manfred Juan Hennes v Development Bank of Namibia NAHCMD (18 October 2023)
October 13, 2023 CIVIL PRACTICE AND PROCEDURE – EXCEPTION – PARTICULARS OF CLAIM NOT DISCLOSING CUASE OF ACTION, ALTERNATIVELY, VAGUE AND EMBARRASSING. Arch Resources (Pty) Ltd v Candino Mining & Construction CC NAHCMD (13 October 2023)
October 13, 2023 CIVIL PROCEDURE – SALE OF IMMOVABLE PROPERTY – STRICT COMPLIANCE WITH RULE 110(10) – RULE 112 – SUPERANNUATION – WHETHER ACTIONS OF DEPUTY SHERIFF AMOUNT TO ADMINISTRATIVE ACTION SUBJECT TO REVIEW UNDER RULE 76. Hanus Properties and Consultants CC v The Deputy Sheriff for the District of Swakopmund NAHCMD (13 October 2023)
October 11, 2023 CONTRACT LAW – VALIDITY OF ACKNOWLEDGEMENT OF DEBT – BREACH THEREOF – ENTITLEMENT TO DEMAND PERFORMANCE. Adforce Namibia CC v Blackthorn Investments (Pty) Ltd NAHCMD (11 October 2023)
October 10, 2023 LEGISLATION – CONFISCATION INQUIRY ito S 32(1) OF THE PREVENTION OF ORGANISED CRIME ACT 29 OF 2004 (POCA). CIVIL PROCEDURE – APPLICATION FOR REVIEW OF PROCEEDINGS OF MAGISTRATES COURT. Fredericks v The Prosecutor-General NAHCMD (10 October 2023)
October 10, 2023 CIVIL PROCEDURE AND PRACTICE – LEAVE TO AMEND PARTICULARS OF CLAIM – LANGUAGE BARRIER BETWEEN LEGAL PRACTITIONER AND CLIENT. Shikongo v Mujinga [2023] NAHCMD (10 October 2023)
October 9, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – CONDONATION APPLICATION – CONSEQUENCES OF FILING APPEAL RECORD LATE. Agricultural Bank of Namibia v Cecilia Vasti Chantel Gaya NASC (9 October 2023)
October 8, 2023 LEGISLATION – CORRECTIONAL SERVICE ACT 9 OF 2012 – COMPLIANCE WITH STATUTORY NOTICE ito S – 133(4) MUST BE PLEADED TO HAVE BEEN MET AND BE ACTUALLY MET. Frederik v The Minister of Home Affairs, Immigration, Safety and Security NAHCMD (10 October 2023)
October 6, 2023 CIVIL PRACTICE AND PROCEDURE – REQUIREMENTS FOR THE GRANTING OF AN INTERIM INTERDICT, PENDING CONSTITUTIONAL CHALLENGE OF LEGISLATION – INCOME TAX ACT 16 OF 1981, AS AMENDED. Tuzembeho v Namibia Revenue Agency (NAMRA) NAHCMD (06 October 2023)
October 5, 2023 CIVIL PRACTICE – SUMMARY JUDGMENT – POINT OF LAW IN LIMINE OF DEFECTIVE AFFIDAVIT IN SUPPORT OF SUMMARY JUDGMENT LEGISLATION – THE JUSTICE OF THE PEACE AND COMMISSIONERS OF OATHS ACT, (NO. 16 OF 1963) – EFFECT OF FAILURE TO INCLUDE DATE OF DEPOSITION BY COMMISSIONER OF OATHS. Nedbank Namibia Limited v Van Rooi NAHCMD (5 October 2023)
October 4, 2023 CIVIL PRACTICE AND PROCEDURE – INTERLOCUTORY APPLICATION FOR DISCOVERY – DOCUMENTS SOUGHT MUST BE RELEVANT TO THE MATTER AND PROPORTIONATE TO THE NEEDS OF THE CASE. Dr. Weder, Kauta & Hoveka Inc. v Namibia Competition Commission NAHCMD (4 October 2023)
October 3, 2023 CIVIL PROCEDURE AND PRACTICE – COSTS – DISBURSEMENTS REASONABLY INCURRED IN PURSUING A MATTER . Uushona v City of Windhoek [2023] NAHCMD 611 (3 October 2023)
October 2, 2023 CIVIL PROCEDURE AND PRACTICE – RESCISSION OF JUDGMENT AND ORDERS. WS Trading and Investment CC v Capx Finance Namibia (Pty) Ltd [2023] NAHCMD 609 (2 October 2023)
October 2, 2023 CIVIL PRACTICE AND PROCEDURE – URGENT APPLICATION – REQUIREMENTS OF RULE 73(4) – SELF-CREATED URGENCY. Mhanda v Ngongo NAHCNLD (02 October 2023)