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 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)
June 26, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – POINTS IN LIMINE OF FAILURE TO PROPERLY OPPOSE APPEAL to RULE 17 (16) (b) OF THE LABOUR COURT RULES. QKR Navachab Gold Mine (Pty) Ltd v Nambondi NALCMD (26 June 2023) Whereas the arbitrator made an ...
June 26, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – REASONABLENESS AND FAIRNESS – WHEN TO INTERFERE WITH THE DECISION OF AN EMPLOYER TO IMPOSE A SANCTION OF DISMISSAL. QKR Navachab Gold Mine (Pty) Ltd v Nambondi NALCMD (26 June 2023)
June 21, 2023 CIVIL PROCEDURE – APPEAL – LATE FILING OF AN APPEAL OF MORE THAN FIVE YEARS – OPPOSITION: FRIVOLOUS AND VEXATIOUS; LACK OF PROSPECTS OF SUCCESS – RIGHT TO EXECUTE JUDGMENT AND INTERDICTORY REMEDY TO SUSPEND EXECUTION. Agricultural Bank of Namibia Limited v Goliath NASC (21 June 2023)
April 27, 2023 CONTRACT LAW – DAMAGES CLAIM RESULTING FROM A BREACH OF CONTRACT – AUTOMATIC RENEWAL CLAUSE – COMMON INTENTION OF THE PARTIES. Lexconsult (Pty) Ltd v Nored Electricity (Pty) Ltd NAHCMD (27 April 2023)
April 27, 2023 CIVIL PROCEDURE – RECUSAL AND CONSIDERATIONS TO BE TAKEN INTO ACCOUNT IN DECIDING RECUSAL APPLICATIONS – THE KAMANYA PRINCIPLE AND ITS APPLICATION. Indongo Auto (Pty) Ltd) t/a Indongo Toyota v Iipinge NALCMD (27 April 2023)
April 27, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – PROPER APPROACH TO THE RESOLUTION OF DISPUTES OF FACT AND FACTORS TO BE TAKEN INTO ACCOUNT. Indongo Auto (Pty) Ltd) t/a Indongo Toyota v Iipinge NALCMD (27 April 2023)
April 26, 2023 CIVIL PROCEDURE – DIVORCE PROCEEDINGS – DIVISION OF JOINTLY OWNED PROPERTY – CHILD CUSTODY AND MAINTENANCE – PRACTICE DIRECTIVE 61. Johannes v Uutoni [2023] NAHCMD 222 (26 April 2023)
April 26, 2023 CIVIL PRACTICE – ABSOLUTION AT CLOSE OF PLAINTIFF’S CASE – COURT APPLYING TRITE TEST – WHETHER REASONABLE COURT SATISFIED THAT PLAINTIFF HAS ESTABLISHED PRIMA FACIE CASE REQUIRING ANSWER FROM THE DEFENDANT. Hans v Silver Lining Investments and Properties (Pty) Ltd NAHCMD (26 April 2023)
April 20, 2023 LEGISLATION – COMPANIES ACT 28 OF 2004 – S 51(2) – TWO COMPANIES HAVING SIMILAR NAMES – REGISTRAR OF BUSINESS AND INDUSTRIAL PROPERTY ORDERING APPLICANT COMPANY TO CHANGE ITS NAME. First St John’s Apostolic Faith Mission v Registrar of Companies NAHCMD (20 APRIL 2023)
April 19, 2023 CIVIL PROCEDURE – APPLICATION FOR LEAVE TO RE-OPEN CASE FOR DEFENDANT TO ARGUE ABSOLUTION FROM THE INSTANCE. Herero Royal Red Flag Association v Herero Red Flag Association NAHCMD (19 April 2023)
April 14, 2023 CRIMINAL PROCEDURE – JUDGMENT MUST SHOW HOW THE COURT RESOLVED ISSUES OF LAW AND FACT – DUTY AND RATIONALE FOR THE COURT TO PROVIDE REASONS FOR ITS DECISION . Garoes v The State NAHCMD (14 April 2023)
April 11, 2023 CIVIL PRACTICE AND PROCEDURE – URGENCY – RULE 73(4) – APPLICATION TO INTERDICT THE IMPLEMENTATION OF A DECISION DIRECTING APPLICANTS NOT TO HOLD PEACEFUL DEMONSTRATIONS ON INDEPENDENCE DAY. Namibia Economic Freedom Fighters v Inspector General of the Namibian Police and Another NAHCMD (11 APRIL 2023)
April 6, 2023 CIVIL PROCEDURE – APPLICATION FOR SUMMARY JUDGEMENT – EXECUTION OF IMMOVABLE PROPERTY – PRACTICE DIRECTIVE 61. Nedbank Namibia Limited v Angelo Rowen Helmuth NAHCMD (6 April 2023)
April 3, 2023 CIVIL PROCEDURE – SECTION 16 OF THE HIGH COURT – DECLARATORY ORDERS AND CONSIDERATIONS TO BE TAKEN INTO ACCOUNT IN DECIDING WHETHER OR NOT TO ISSUE DECLARATORY RELIEF. Hallie Investments Number Five Hundred and Eight Two (Pty) Ltd v Municipal Council for the district of Windhoek NAHCMD (3 April 2023)
April 3, 2023 ADMINISTRATIVE LAW – THE AUDI ALTERAM PARTEM RULE AND WHEN APPLICABLE – DELEGATION OR POWERS AND DUTIES IN TERMS OF SECTION 31 OF THE LOCAL AUTHORITIES ACT 23 OF 1992. Hallie Investments 582 v Municipal Council for WHK NAHCMD (3 April 2023)