Latest judgments

Evidence – Mutually destructive versions – Proper approach restated – Where the onus rests on the plaintiff and there are two mutually destructive versions as aforesaid, the plaintiff can only succeed if the plaintiff satisfies the court on a preponderance of probabilities that the plaintiff’s version is true and the defendant’s version is false.

Constitutional Law - Citizenship by descent - Article 4(2) - Eligibility of a child born through surrogacy to be issued citizenship by descent - The parent of the child should be a Namibian citizen at the time of the child's birth - Purposive interpretation of the Namibian Constitution to be made - Article 144 Namibian Constitution - Binding nature of international agreements to which Namibia is a State Party - inapplicability of the Child Care Protection Act, 2015 to issues of citizenship.

The appellant (as plaintiff) instituted this action against the respondent (as defendant) for an alleged breach of the contract entered into by the parties.

Environmental law — Application to have a marine phosphate mining licence declared as having lapsed — Locus standi of applicants – All members of the fishing industry — Applicants feeling aggrieved that their fishing rights and interests in the fishing industry are threatened by the mining licence - the case they brought entails environmental issues – A