Supreme Court

719 judgments

Advanced search

Sort by:

719 judgments

Citation	Judgment date
July 2024
Muller and Another v Lauer (SA 2/2022) [2024] NASC 23 (25 July 2024)	25 July 2024
Hellens and Another v Minister of Home Afffairs and Others (SA 64/2021) [2024] NASC 21 (22 July 2024) This is an application pursuant to Art 81 of the Namibian Constitution. The applicants were convicted and sentenced by the Magistrates’ Court in Windhoek for contravening ss 27(1) and 54(e) of the Immigration Control Act 7 of 1993. The applicants brought an appeal against their convictions and sentences in the High Court and while their appeal was still pending, they launched a review application in the High Court to have their convictions set aside alleging that there were ‘irregularities in the proceedings’ at the magistrate’s court. On 4 September 2020, the High Court sitting as a court of appeal dismissed their appeal. The review application succeeded and the High Court set aside their convictions and sentences. The governmental respondents then appealed to the Supreme Court against the setting aside of the convictions and sentences. This Court upheld the appeal and made an order reinstating the convictions and sentences of the applicants as imposed by the magistrates’ court on 1 March 2024. According to the applicants, their Art 81 application is brought on the basis that theirs is an exceptional case aimed at correcting an injustice in that the judgment of this Court ‘resulted in an indefensible and manifest injustice done’ to them hence the Supreme Court must invoke its power to revisit its decision. The applicants argued that the dismissal of their appeal in the High Court and in this Court abolished their inalienable right of access to the court. Held that, there is no merit to this point. The applicants had the right to pursue both an appeal and a review but because of the principle in Liberty Life Association of Africa v Kachelhoffer NO & others 2001 (3) SA 1094 (C) which was accepted in Schroëder & another v Solomon & others 2009 (1) NR 1 (SC), they had to ensure that the review was dealt with prior to the appeal. They simply had to seek a stay or postponement of the appeal pending the finalisation of the review application. The applicants were not precluded from any right of access to the court they might otherwise have had. They simply had to manage the process and the fact they did not is simply their (or their lawyers’) making. No case has thus been made out for the Supreme Court to invoke Art 81	22 July 2024
Menzies Aviation (Namibia) (Pty) Limited v Namibia Airports Company Limited; In Re: Namibia Airports Company Limited v Menzies Aviation (Namibia) (Pty) Limited and Others (SA 52/2024) [2024] NASC 20 (12 July 2024)	12 July 2024
June 2024
Capx Finance (Pty) Ltd v Onamagongwa Trading Enterprises CC (SA 94/2021) [2024] NASC 19 (21 June 2024)	21 June 2024
Fourie and Another v Mueller and Others (SA 75/2021) [2024] NASC 18 (14 June 2024)	14 June 2024
Muller and Another v Lauer (SA2/2022) [2024] NASC 16 (14 June 2024)	14 June 2024
Pamo Trading Enterprises CC and Others v Tender Board of Namibia and Others (SA 102/2021) [2024] NASC 17 (14 June 2024)	14 June 2024
Menzies Aviation (Namibia) (Pty) Ltd v Namibia Airports Company Ltd (SA 88/2023) [2024] NASC 15 (3 June 2024)	3 June 2024
May 2024
Amunyela v Amunyela and Others (SA 9/2022) [2024] NASC 14 (24 May 2024)	24 May 2024
Mwilima v Minister of Home Affairs Immigration Safety and Security and Others (SA 130/2023) [2024] NASC 12 (22 May 2024)	22 May 2024
Schneiders and Another v Van der Merwe and Another (SA 97/2021) [2024] NASC 13 (22 May 2024)	22 May 2024
Menzies Aviation (Namibia) Proprietary Limited v Namibia Airports Company Limited and Others (SA 73/2023) [2024] NASC 10 (14 May 2024)	14 May 2024
President of the Republic of Namibia and Others v Shivute (SA 86/2022) [2024] NASC 11 (14 May 2024)	14 May 2024
April 2024
Prosecutor-General v Atlantic Ocean Management (Pty) and Another (SA 53/2017) [2024] NASC 9 (9 April 2024)	9 April 2024
March 2024
Gariseb and Others v S (P 8/2015) [2024] NASC 8 (28 March 2024)	28 March 2024
Mundial Telecom SARL v Namibia Tourism Board (SA 8/2022) [2024] NASC 7 (27 March 2024)	27 March 2024
Minister of Agriculture, Water and Land Reform and Others v Job Shipululo Amupanda and Others (SCR 2/2023) [2024] NASC 5 (18 March 2024)	18 March 2024
Central Technical Supplies v Paragon Investment JV China Huayun Group (SA 55/2022) [2024] NASC 4 (13 March 2024)	13 March 2024
CRAN v MTC Ltd and Others (SA 82/2022) [2024] NASC 6 (13 March 2024)	13 March 2024
Kamushinda v SME Bank in Liquidation (SA 101/2020) [2024] NASC 3 (13 March 2024)	13 March 2024
Minister of Home Affairs and Others v Hellens and Another (SA 64/2021) [2024] NASC 1 (1 March 2024)	1 March 2024
Temptations Fashion CC and Another v J Henning Properties (Pty) Ltd and Another : In re: J Henning Properties (Pty) Ltd and Another v Temptations Fashion CC and Another (SA 138/2023) [2024] NASC 2 (1 March 2024)	1 March 2024
December 2023
Chairperson of the Review Panel and Others v Stream Two Properties CC (SA 43/2022) [2023] NASC 49 (15 December 2023)	15 December 2023
Minister of Safety and Security v Gregorey Gilbert Naomab (SA 26/2022) [2023] NASC 50 (15 December 2023)	15 December 2023
Neis v Kasume and Others (SA 104/2020) [2023] NASC 51 (15 December 2023)	15 December 2023
Schütte v Schütte (SA 90/2021) [2023] NASC 52 (15 December 2023)	15 December 2023
Sisande v Standard Bank Namibia (SA 113/2023) [2023] NASC 53 (12 December 2023)	12 December 2023
D J J and Another v S (SA 53/2021) [2023] NASC 47 (7 December 2023)	7 December 2023
Koopman v Acting Chief Executive Officer NSFAF (SA 63/2021) [2023] NASC 48 (7 December 2023)	7 December 2023
November 2023
De Wet v Klein (SA 65/2021) [2023] NASC 45 (30 November 2023)	30 November 2023
Witbooi and Others v Witbooi and Others (SA 31/2022) [2023] NASC 46 (30 November 2023)	30 November 2023
Council of the Municipality of Windhoek v Brandt (SA 72/2021) [2023] NASC 42 (22 November 2023)	22 November 2023
Namibia Water Corporation Limited v Kuiri Fanual Tjipangandjara (SCR 1/2023) [2023] NASC 43 (22 November 2023)	22 November 2023
Oberholzer v Loots and Another (SA 33/2021) [2023] NASC 44 (22 November 2023)	22 November 2023
Haitengela and Others v First National Bank of Namibia (SA 99/2023) [2023] NASC 41 (8 November 2023)	8 November 2023
Marigold Hotel Developer (Pty) Ltd v Acting Deputy Sheriff Windhoek and Another ( (SA 51/2021) [2023] NASC 40 (3 November 2023)	3 November 2023
October 2023
Kamwi v LSN; PG v LSN and Steinmann (SA 43/2021; SA 44/2021; SA 56/2020) [2023] NASC 38 (10 October 2023)	10 October 2023
Naluno v Nanghala (SA 11/2020) [2023] NASC 39 (10 October 2023)	10 October 2023
Agricultural Bank of Namibia v Gaya (SA 42/2023) [2023] NASC 37 (9 October 2023)	9 October 2023
September 2023
Paulus v Development Bank of Namibia Ltd and Another (SA 23/2021) [2023] NASC 36 (7 September 2023)	7 September 2023
August 2023
Blaauw v Pallais and Another (SA 10/2021) [2023] NASC 35 (30 August 2023)	30 August 2023
Prime Paradise International Ltd v Wilmington Savings Fund Society FSB and Others (SA 10/2023; SA 34/2023) [2023] NASC 34 (24 August 2023)	24 August 2023
Nambundu and Others v Endobo Properties (SA 87/2020) [2023] NASC 33 (2 August 2023)	2 August 2023
July 2023
Agricultural Bank of Namibia v Gaya (SA 38/2023) [2023] NASC 26 (28 July 2023)	28 July 2023
Desert Fruit (Pty) Ltd v Smith and Others (SA 34/2021) [2023] NASC 27 (28 July 2023)	28 July 2023
Green Consulting Engineers CC v Minister of Works and Transport and Other (SA 31/2021) [2023] NASC 29 (28 July 2023)	28 July 2023
Harris v Old Mutual Life Assurance and Others (SA 20/2021) [2023] NASC 30 (28 July 2023)	28 July 2023
Moses v Hangana Seafood (Pty) Ltd and Another (SA 39/2021) [2023] NASC 31 (28 July 2023)	28 July 2023
S v Werner and Others (SA 8/2021) [2023] NASC 32 (28 July 2023)	28 July 2023
Government of the Republic of Namibia v Affirmative Repositioning Movement (SA 16/2021) [2023] NASC 28 (26 July 2023)	26 July 2023