‘Unreporta b l e ’ CA SE NO.: A 2 3 7 / 2 0 1 1 IN THE HIGH COURT OF NAM IB I A In the matter between: AU GUST MA LE T ZKY Fir s t A ppli c ant ED WA RD J EFF R EY PLA TT Second A ppli c ant and MA R K ET MOTORS CC Fir s t Respondent SA N TA M NAM IB I A Second Re spondent DE P UT Y- SHERIFF O F THE HI G H COU R T Third Respondent COR AM: PA R K ER J Heard on: 2012 July 18 Delivered on: 2012 July 18 (ex tempore) Delivered on: 2012 July 25 (reasons) JUD G M E NT PA R K ER J:  In this matter the applicants brought application by notice of motion and prayed for the orders appearing in the notice of motion. The first respondent moved to reject the application. I take it that the second and third respondents will abide by the decision of the Court: they have not answered to the application. There being no appearance for the...
REPORTABLE CASE NO.: SA 33/2010 IN THE SUPREME COURT OF NAMIBIA In the matter between DB THERMAL (PTY) LTD.......................First Appellant SPX TECHNOLOGIES (PTY) LTD............. Second Appellant and COUNCIL OF THE MUNICIPALITY OF THE CITY OF WINDHOEK.............. Respondent CORAM: MARITZ JA, STRYDOM AJA and O’REGAN AJA Heard: 07 November 2012 Delivered: 19 August 2013 APPEAL JUDGMENT O’REGAN AJA (MARITZ JA and STRYDOM AJA concurring):  This is an appeal against an order of the High Court in which that Court struck out affidavits objecting to the amendment of the plaintiff’s particulars of claim and ordered that the applications for amendment of the particulars of claim be dealt with on an unopposed basis.  The appellants, DB Thermal (Pty) Ltd and SPX Technologies (Pty) Ltd, are defendants in a claim for contractual damages brought by the respondent, Windhoek Municipality. The claim arises out of a construction agreement entered into between the Municipality and DB Thermal (Pty) Ltd for the construction of a water purification plant at Goreangab in Windhoek. The Municipality alleges that DB Thermal (Pty) Ltd materially malperformed on the project, which resulted in...
REPORTABLE CASE NO: SA 98/2011 IN THE SUPREME COURT OF NAMIBIA In the matter between SLYSKEN SEKISO MAKANDO Appellant and DISCIPLINARY COMMITTEE FOR LEGAL PRACTITIONERS First Respondent MINISTER OF JUSTICE Second Respondent ATTORNEY-GENERAL Third Respondent LAW SOCIETY OF NAMIBIA Fourth Respondent Coram: CHOMBA AJA, O’REGAN AJA and MOKGORO AJA Heard: 7 April 2016 Delivered: 6 October 2016 APPEAL JUDGMENT O’REGAN AJA (CHOMBA AJA and MOKGORO AJA concurring): This appeal is brought by Mr S S Makando, a legal practitioner, and arises from two applications launched in the High Court. The first application was brought by first respondent, the Disciplinary Committee for Legal Practitioners (the Disciplinary Committee), a body established in terms of s 34 of the Legal Practitioners Act 15 of 1995 (the Act). In April 2008, the Disciplinary Committee found Mr Makando to be guilty of unprofessional, dishonourable or unworthy conduct and was of the opinion that his conduct justified his being struck from the roll of legal practitioners. Given that in terms of s 32 of the Act, the High Court of Namibia has the jurisdiction to strike legal practitioners from the roll, the...
REPORTABLE CASE NO: SA 57/2013 IN THE SUPREME COURT OF NAMIBIA In the matter between VINSON HAILULU Appellant and DIRECTOR, ANTI-CORRUPTION COMMISSION First Respondent ANTI-CORRUPTION COMMISSION Second Respondent NATIONAL UNION OF NAMIBIAN WORKERS Third Respondent MAGISTRATE, MAGISTRATES’ COURT, WINDHOEK Fourth Respondent PROSECUTOR-GENERAL Fifth Respondent Coram: MAINGA JA, O’REGAN AJA and MOKGORO AJA Heard: 4 April 2016 Delivered: 6 October 2016 APPEAL JUDGMENT O’REGAN AJA (MAINGA JA and MOKGORO AJA concurring): This appeal is brought by Mr Vinson Hailulu, former Chief Executive Officer of the National Housing Enterprise (the NHE) against a decision of the High Court. The appeal arises from review proceedings that were launched urgently by appellant in December 2008 following his arrest on 27 November 2008 by officials of the Anti-Corruption Commission (the Commission), the second respondent. Appellant asserted that the investigation instituted into his conduct by the Commission and his subsequent arrest were unlawful on various grounds, including that there was no reasonable basis for the...
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