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)
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 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 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 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)