November 11, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – ABSOLUTION FROM THE INSTANCE – S 64(1) AND S 65 OF THE CLOSE CORPORATION ACT 26 OF 1988 – ALLEGED GROSS NEGLIGENCE OF COMPANY MEMBERS – REASONS FOR ORDER. Arcetype Project Consultants Close Corporation v Pondola Women Trading CC NAHCMD (1 November 2023)
November 8, 2023 CIVIL LAW, PRACTICE AND PROCEDURE ― INTERDICT – STAY OF EXECUTION — DISTINCTION BETWEEN AN INTERDICT AND A STAY OF EXECUTION PENDENTE LITE . LAW OF CONTRACT — REASONABLE PERIOD OF NOTICE 30 DAYS — WHAT CONSTITUTES A CONTRACT? Menzies Aviation (Namibia) (Pty) Ltd v Namibia Airports Company Limited NAHCMD 485 (8 August 2023)
November 7, 2023 CIVIL PRACTICE – SUMMARY JUDGMENT – RULE 60 OF THE HIGH COURT RULES – CONSIDERATIONS TAKEN INTO ACCOUNT IN GRANTING SUMMARY JUDGMENT – WHETHER A PRAYER FOR RECTIFICATION RENDERS PARTICULARS OF CLAIM EXCIPIABLE IN SUMMARY JUDGMENT APPLICATIONS. Development Bank of Namibia v Kumwe Professional Services and Products CC NAHCMD (7 November 2023)
November 3, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – RECUSAL APPLICATION – CONDONATION APPLICATION – RULE 32(9) AND (10) COMPLIANCE – STRIKE OUT APPLICATION – PERCEPTION OF BIAS – ARTICLE 12(1)(A) – RIGHT TO A FAIR TRIAL BY AN INDEPENDENT, IMPARTIAL AND COMPETENT COURT. Bank of Namibia v Trustco Bank Namibia Ltd NAHCMD (3 November 2023)
November 3, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – SUPREME COURT APPEAL – INTERPLEADER PROCEEDINGS BY AND AGAINST PARTNERSHIPS, FIRMS, AND ASSOCIATIONS – ABUSE THEREOF . Marigold Hotel Developer (Pty) Ltd v Acting Deputy Sheriff Windhoek and another NASC (3 November 2023)
November 2, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – SPECIAL PLEA OF PRESCRIPTION – NOTICE IN TERMS OF SECTION 39 OF THE POLICE ACT 19 OF 1990 (‘THE ACT’)– DIFFERENCE BETWEEN ACTING IN THE COURSE AND SCOPE OF ONE’S DUTY AND DOING ANYTHING IN PURSUANCE OF THE ACT. Shigwedha v Government of the Republic of Namibia NAHCMD (2 November 2023)
November 2, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – APPLICATIONS FOR PROVISIONAL LIQUIDATION ORDERS – WHETHER MASTER OF THE HIGH COURT SHOULD BE CITED AS A RESPONDENT IN SUCH APPLICATIONS. Power Parts CC v The Master of the High Court of Namibia NAHCMD (2 November 2023)
November 1, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – RULE 121 SPECIAL URGENCY APPLICATION – REASONS FOR ORDER. Acting Deputy Sheriff for the district of Windhoek v Hamukoto NAHCMD (1 November 2023)
November 1, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – APPLICATION FOR SUMMARY JUDGMENT – EXECUTION – IMMOVABLE PROPERTY – REASONS FOR ORDER. Nedbank Namibia Limited v Frank’s Property Holding 45 CC NAHCMD (1 NOVEMBER 2023)
November 1, 2023 CIVIL LAW, PRACTICE AND PROCEDURE – APPLICATION FOR SUMMARY JUDGMENT – EXECUTION – IMMOVABLE PROPERTY – REASONS FOR ORDER. Nedbank Namibia Limited v Erf Eighty-Two Rossmund CC NAHCMD (1 November 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 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 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 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)