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)

This is a special plea of prescription raised by the defendants that the plaintiff’s claim prescribed for non-compliance with s 39(1) of the Act. The plaintiff, in the particulars of the claim, seeks payment of damages allegedly caused to his motor vehicle after a collision with a motor vehicle, GRN 986, driven by the second defendant while acting within the course and scope of his employment with the first defendant, plus interest and costs of suit.

The defendants contend that the plaintiff’s claim prescribed for non-compliance with s 39(1) of the Act, and further . . .

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