Most Recent Judgments

Immigration — Legislation – Immigration Control Act, 7 of 1993 – Application for permanent residence permit – Section 26 (3) (d)– Application for work permit – Section 27 (2) (b) – Requirements for – Applicants averring they have met the requirements for the sections in so far as necessary– and that their applications were rejected based on their same-sex relationships –  as such discriminatory against them.

 

Contract – fictional fulfilment – plaintiff has legal duty to assist the condition being fulfilled – where it deliberately and in bad faith prevents the fulfilment of the condition in order to escape the consequence of the contract, the law will consider the unfulfilled condition to have been fulfilled as against the person guilty of bad faith (See Koenig v Johnson & Co Ltd 1935 AD 262, at page 272).

Contracts – Suretyship – Release from surety – Can a member who terminated membership from a close corporation still be liable under the surety signed while still a member – Who has the power to release a surety from liability – One can only be released from surety obligation by the creditor and if no such approval is granted, the member remains bound by the surety – Second defendant was not released by the plaintiff from surety, thus, remain

Contract – Proof of – Onus of proof on party relying on existence of contract – Court finding that conduct of parties manifested in the joint status reports filed with the court by parties’ legal representatives constitutes agreement as to balance on the capital amounts which was in dispute.

 

The respondent Mr Aggrey Simasiku Mwamba, together with 125 accused persons were arrested and charged in the High Court of Namibia, with the crimes of high treason, murder, attempted murder and several other crimes and offences.

The plaintiff transferred certain funds to the defendants to enable the building of a house, two hunters’ bungalows, the purchase of a solar system, olive trees and game on the defendants’ farm. The plaintiff reclaimed these funds transferred for the house, bungalows and solar system on the basis of unjust enrichment.

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