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 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 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 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)