Court Code

Special Plea – Prescription - rei vindicatio only proved when there is a clear real right - prescription upheld - Non-joinder - A party that may have a direct and substantial interest must be joined - court held the Estate late Ndafelai ought to have been joined – special pleas of prescription and non-joinder upheld.

Criminal- Appeal- Conviction and sentence- Credibility of witness and mutually destructive versions-Evaluation of evidence-Relevance of evidence-Charge sheet must contain all the charges levelled against an accused-Cannot place facts before the Court that does not carry any evidential value-Material misdirection from the Court a quo- warranting the interference of the appeal court-Conviction and sentence set aside- Appeal succeeds.

Practice – Applications – Stay of Proceedings – An application for stay of civil proceedings – The High Court has inherent jurisdiction to stay civil proceedings pending the outcome of criminal proceedings – Requirements restated - Exceptional circumstances must be present for the Court to grant such an order – Prejudice to the opposing party is a consideration

Special plea – jurisdiction – civil matters to be heard – in the high court – restricted by statute – Labour Court has jurisdiction – special plea upheld.

Law of delict – Damages occasioned by a motor vehicle collision – standard of skill to be employed by a driver – Law of evidence – irreconcilable versions before court in a trial- most probable version- Plaintiff’s version collaborated.

Defamation-elements of defamation need to be fully satisfied-close of plaintiff’s case - Application for absolution from the instance - application for absolution was dismissed wit costs - The plaintiff needs to prove wrongfulness and unlawfulness - The plaintiff failed to prove intention to defame. Defamation is dismissed with costs.

Civil Procedure-Neighbour Law - Duty of care- Need to prove Damages - defendant found liable for the collapse of the wall - Plaintiff failed to lead evidence in support of his quantum-Court cannot grant an unsubstantiated amount.

Applications and motions – Application for admission as legal practitioner – Requirement for domicile and consequently for admission to permanent residence in Namibia as required by Legal Practitioners Act, 1995 s 4(1) (c)(ii) not satisfied.

Immigration Control Act, 7 of 1993 – Section 22(1)(c) read with (a) – Same requirement set out in Constitution of the Republic of Namibia – Article 4(3) – Requirement of marriage in good faith to a Namibian not satisfied.

Civil – Motion – Rule nisi – Urgent application – interdict – Ex parte – It is trite that good faith is a sine qua non in ex parte applications –  Applicant owes a duty of utmost good faith to the court to make full and proper disclosure – Failure to make full disclosure of all relevant facts to the court should lead to dismissal of the application – Non-compliance with rule 128 of the Rules of the High Court in relation to documents handed up as annexures in support of the urgent application – Submitting inadmissible hearsay evidence – The applicant did not meet the requ