Court Code

Criminal procedure – Appeal – Sentence – Condonation for the late filing – Reasonable explanation and prospects of success – Explanation not reasonable in circumstances – Plea of guilty – Youthfulness – Weight to be attached – Lifestyle of appellant emancipated himself from hiding behind youthfulness – Punishment pre-eminently a matter for the discretion of the trial court – Court a quo properly weigh

Law of contract – Loan agreement – Performance – Novation – Compromise – Amount of N$250 000 loaned to the defendant – Defendant agreed it was a loan agreement – Defendant contended that it was an investment agreement during trial – Defendant contented that there was novation and compromise – Court found that it was a loan agreement – Court found that there was no novation or compromise – Court found that an amount of N$40 000 was already paid to the plaintiff – Court found that an amount of N$210 000 is still due and payable to the plaintiff – Defendant ordered to pay th

Administrative law – Administrative action – What constitutes – Commercial activity of a state owned public enterprise – Tender for the rendering of advertising services for MTC awarded to a competitor of the applicant – MTC incorporated as a private company although state-owned – Decision to award the tender for advertising services and enter into the resultant agreement taken by its directors acting in terms of the articles and memorandum of association of the company and not in terms of any public authority – Decision in question purely a contractual one and not an adm

Applications – Urgency – Requirements prescribed by rule 73(4) of the rules of court – Applicant should explicitly set out the circumstances justifying  urgency as well as  reasons why he cannot be afforded substantial redress in due course – The hearing of the urgent application was impeded by Covid 19 Regulations which made it impossible for applicant to be visited in order to  prepare and file a replying affidavit – The procedure to be followed in applications where there are disputes of facts revisited – Confirmatory affidavit not challenged resulting in the confirmin

Practice – Plaintiff instituting action proceedings for ejectment of defendant from a communal land – Held, that since there is an absence of a real dispute between the parties on any material question of fact because the decisions by the statutory bodies are valid and enforceable and have not been set aside by a competent court and since the statutory bodies bear no onus to justify their decisions, action proceedings would, contrary to the authorities, call upon third defendant to justify its decision, plaintiff adopted the wrong procedure and also failed to exhaust dome

Marriage – Putative marriage – Validity of second marriage and claim of it being putative marriage in issue – In that regard the validity of the second marriage should be decided in context and not in a vacuum – The circumstances surrounding the solemnization of the second marriage and the proprietary implications for the parties should be undertaken when determining whether or not second marriage a nullity – Court held that requirements of putative marriage as respects second marriage proved – Court held further that first marriage in community of property subsisting bet