Court Code
NASC

This is an appeal against the orders of the Labour Court reversing a decision of an arbitrator during arbitration proceedings in which the arbitrator found that the dismissal of the first respondent by the appellant was both procedurally and substantively fair.

 

The appeal concerns the question whether the High Court is empowered to make a provisional preservation of property order in the circumstances where the Prosecutor-General, in an application for a preservation order, relies on hearsay evidence and has been directed to file complete papers in terms of s 91(4) of the Prevention of Organised Crime Act 29 of 2004 (POCA).

In a claim for alleged damages based on negligent conduct, the trial court made certain credibility findings. Credibility findings revisited on appeal. The approach by a court of appeal on credibility findings of the trial court is that it will not readily disturb such findings.

This is a labour matter whereby the appellant appeals against the judgment of the Labour Court setting aside the arbitrator’s award. 

 

This appeal concerns the establishment of the value of the loan account of the first respondent (Seelenbinder) and the value of Fischer Seelenbinder Associates CC (FSA). The appellant (Fischer) and Seelenbinder each held 50 per cent membership interest in FSA.

This appeal concerns the interpretation of an order of this court made in Communications Regulatory Authority of Namibia (CRAN) v Telecom Namibia & others 2018 (3) NR 663 (SC).

The parties in this appeal entered into a written agreement on 18 June 2014 in terms whereof they jointly purchased an aircraft. The agreement provided that the parties would be ‘joint owners of the asset on a 50/50 basis’ and that they will be sharing in the costs relating to the ownership of the aircraft.

The plaintiffs in this matter instituted an action against the defendants for damages for assaults perpetrated upon them by correctional officers. On the day the trial was set to begin, the parties informed the presiding judge that they had reached a settlement of the action and it was made an order of court.

The accused persons (some of whom have since passed on) were charged with 16 counts of fraud, theft, attempting to defeat the course of justice, forgery and uttering and theft by conversion in respect of claims made against the Motor Vehicle Accident Fund (the MVAF).

The appellants (all self-actors) in these matters filed notices of appeal directed against judgments obtained against them in respect of loan amounts, each secured by a mortgage bond, where, subject to one exception, orders have been given declaring the immoveable property secured by the respective bonds to be executable. The exception is case no.