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 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 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 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 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 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)