Latest judgments

Close corporation – Winding up – In what cases – The respondent in each matter unable to pay debt – Debt was due and payable – Court concluded that on the facts and in the circumstances the applicant had made out a case for the winding up of both respondents.

Shipping – Admiralty practice – Application to compel Prime to comply with preservation costs order – Counter application to stay hearing pending Prime’s application in terms of Rule 185 of Vice-Admiralty Court Rules – Prime’s application for leave to appeal the preservation costs order – Court order to be complied with unless set aside on appeal – Explanation for non-compliance with time period to launch applicati

Contract – Agreement of cession – The defendant (the plaintiff in reconvention) pleaded that the Agreement was entered into by and between the defendant and the plaintiffs (the defendants in reconvention) – However court found that the defendant and the plaintiffs and a third party appear at the beginning of the Agreement and in the testimonium clause thereof – Court found further that although the Agreement assign

The plaintiff instituted action against the defendant claiming payment from the defendant in the amount of N$529 250. The plaintiff alleges that the defendant, while employed by the plaintiff, unlawfully, dishonestly and fraudulently caused and/or facilitated payment from the plaintiff in the amount of N$529 250 to a certain Nelson Ndeitunga Sheefeni, who was not entitled to receive such payment.