Most Recent Judgments

 Criminal Procedure – Bail on new facts – Such facts must be new and relevant for purposes of the new bail application – The new facts must be such that they relate to, and change the basis on which bail was initially refused.

Criminal Procedure – Bail on new facts – Such facts must be new and relevant for purposes of the new bail application – The new facts must be such that they relate to, and change the basis on which bail was initially refused

The appeal stems from a dispute between the parties relating to the first appellant’s (Bank of Namibia) freezing of the first respondent’s (CBI) bank account held with the second respondent (Bank Windhoek).

Delict – Action for damages – Based on bodily injuries, pain and suffering and contumelia – Claim emanating from an alleged assault where the fourth defendant allegedly pushed the plaintiff to the ground and forcefully pushed a cell burglar door on the plaintiff’s leg several times injuring him –

Labour law - Retrenchment - Provisions of s 34 of Labour Act, 2007 - The procedures set out in that section are detailed.

Law of Contract - Suspensive conditions discussed – Must be logically connected to the nature and purpose of the contract - Legality of settlement agreements for want of compliance with statutory requirements - Closeness of the relationship between the settlement agreement and the illegal factor is an important consideration in the determination of the ultimate enforceability of the settlement agreement.      

 

Practice – payment of interest and the difference between compound interest, simple interest and mora interest discussed -legal principles restated.

Criminal law – Murder – Evidence – Circumstantial evidence – Court must be satisfied that the inference sought to be drawn is consistent with all the proved facts; and that the proved facts should be such that they exclude every reasonable inference from them save

Arbitration – General rule that agreement must be honoured – Unless they are against public policy which would not arise in an agreement to arbitrate the kind in question – It however does not mean that the presence of arbitration clause means that the matter must be automatically stayed – Onus is on the  respondent to satisfy the court that it should not in its discretion refer the matter to arbitration – A court

Application – Breach of Joint Venture Agreement – Enforcement of an order – Contempt of court – Onus and standard of proof – Appropriate sanction for civil contempt – Coercive and punitive orders – Standing of opposing parties – No interest in the subject-matter of litigation – Direct and substantial interest – Financial

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