November 22, 2023 INHERITANCE LAW – REDISTRIBUTION AGREEMENTS – ADMINISTRATION OF ESTATES – REDISTRIBUTION OF THE IMMOVABLE PROPERTY OF THE ESTATE OF A DECEASED PERSON – WHAT AMOUNTS TO? ESTATES – INTESTATE SUCCESSION – TESTATRIX DIED INTESTATE – THE FARM LEFT BY THE TESTATRIX WAS TO BE BEQUEATHED TO THE SEVEN HEIRS OF THE TESTATRIX IN TERMS OF THE INTESTATE SUCCESSION LAWS. Bezuidenhout v Mouton NAHCMD NC 589 (22 September 2023)
November 22, 2023 LABOUR LAW – LABOUR COURT APPEAL – WHAT CIRCUMSTANCES AMOUNT TO CONSTRUCTIVE DISMISSAL? Council of the Municipality of Windhoek v Brandt (SA 72-2021) NASC [2023] (22 November 2023)
November 13, 2023 LABOUR LAW – LABOUR ACT 11 OF 2007 – SECTION 89 (2) – APPEAL – ARBITRATORS AWARD – APPLICATION FOR CONDONATION. Uushona v Walvis Bay Cargo Terminal NALCMD 649 (13 October 2023)
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 DELICT – PLAINTIFF SUING FOR DAMAGES – MOTOR VEHICLE ACCIDENT – NEGLIGENCE – VICARIOUS LIABILITY. Ekandjo v Paulus 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 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)