Namibian cases on estoppel

Author: eceg

August undefined, 2024

WitrynaThe discussion of Namibian legislation and case law are dealt with as priorities. Submissions can be made by E-mail to [email protected] in the form of a file attachment in MS Word. Although not preferred, the editors will also accept typed copies mailed to PO Box 27146, Windhoek, Namibia. Witryna15 lis 2024 · In some circumstances, a party's failure to speak out or act (ie, their acquiescence), may give rise to an estoppel in the same way that a direct, express promise or representation can. ‘As the Court of Appeal explained in Ted Baker v Axa Insurance, the doctrine [of acquiescence] arises where “a reasonable person in the …

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Witryna[82] Counsel for the appellants also argued that defences such as waiver, estoppel and the rule set out in the Turquand-case were not available to the respondents as that would mean the perpetuating of an illegality which, as was shown by the authorities relied upon by Counsel, was not permissible. http://www.saflii.org/sa/cases/SADCT/2008/3.pdf bear baiting wikipedia

Estoppel—what, when and how to plead Legal Guidance

WitrynaCASE NO. SA 44/2015 IN THE SUPREME COURT OF NAMIBIA In the matter between: FREE NAMIBIA CATERERS CC Appellant and THE CHAIRPERSON OF THE … http://www.saflii.org/za/cases/ZAKZPHC/2014/38.pdf WitrynaBicon Namibia Consulting Engineers & Project Managers (Pty) Ltd v Nkurenkuru Town Council (HC-MD-CIV-ACT-CON-2024/00462) [2024] NAHCMD 323 (30 July 2024) CORAM: MASUKU J. ... The default judgment entered by this court in favour of the Respondent in case No. HC-MD-CIV-ACT-CON-2024/00462, on 25 April 2024, is … bear bajka

REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN …

Decided cases on Estoppel - Estoppel and the Supreme Court of

WitrynaNamibia claiming specific performance of a written agreement entered into with the Namibian Broadcasting Corporation (the NBC) on 12 December 2001. The pleadings … Witryna10 kwi 2024 · Limitations of Estoppel Following are the limitation of estoppel: 1. Estoppel is not enforceable against substantive law. 2. Estoppel is not enforceable against the sovereign, legislative or executive act of the state. 3. Where both the parties are aware of the truth, in that case, the parties cannot avail the rule of estoppel. 4. dialog\u0027s zkWitryna3 1. Introduction The definition of estoppel will be discussed in this paper. The paper will also discuss the function of estoppel in administrative law, specifically when and how an administrative decision-maker can be estopped. Furthermore, the paper will look into Namibian case law to show how courts use estoppel in the domestic administrative … dialog\u0027s zj

"Witryna3 kwi 2024 · The facts in the Gijima case were briefly that the State Information Technology Agency (SITA) concluded a state contract with Gijima Holdings to provide … " - Namibian cases on estoppel

Namibian cases on estoppel

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WitrynaThe “Namibia exception” identifies the Advisory Opinion issued on 21 June 1971 by the International Court of Justice (I.C.J), the principal judicial organ of the United Nations … Witryna(b) Whether the doctrine of estoppel precludes the Applicant denying the existence of such oral lease. [4] The Respondent states that the issues that require determination are the following: (a) Whether a verbal agreement was concluded for a further three (3) years lease, following the termination of a written lease agreement;

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Witryna20 lip 2016 · Absa Bank Limited v Evertrade 56 (Pty) Ltd (2012/20695) [2016] ZAGPJHC 205 (20 July 2016) [1] This is an action for restitutio in integrum. More specifically, the plaintiff has instituted action against the defendant for repayment of the amount of R601 950,00 (six hundred and one thousand nine hundred and fifty rand) which it paid to the ... Witryna2 lut 2024 · Nigeria case, the Court said for the application of estoppel, it is “necessary that, by relying on such an attitude, Nigeria had changed position to its own detriment or had suffered some prejudice”. 111 Estoppel lato sensu which is generally considered as not requiring the existence of detriment and equals the principle of consistency in ...

WitrynaREPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK. Arbitration – The award – Review of –Grounds in cases falling within s 33 (1) of the Arbitration Act 42 of 1965 – Grounds upon which court will set aside award very narrow. …. Authors: Ejudadmin1, Hileni Shilunga Date: 10/25/2024 Size: 170KB. Witrynarepublic of namibia. high court of namibia main division, windhoek. judgment. case no: a 417/2013 . in the matter between: town council of rundu applicant. and. richard …

WitrynaTRIBUNAL AT WINDHOEK, REPUBLIC OF NAMIBIA SADC (T) CASE No.1/2007 In the Matter between: ERNEST FRANCIS MTINGWI APPLICANT VERSUS SADC SECRETARIAT RESPONDENT Coram: H.E. Justice Dr. L.A. Mondlane President ... has invoked the principle of promissory estoppel on the basis that the applicant breached … Witryna(f) A defendant wishing to rely on estoppel must allege and prove. [22] Ms Nambinga, who appeared on behalf of the plaintiff, submitted that with re ference to the …

WitrynaThe Namibian approach to estoppel in the realm of administrative law is similar to that of other comparable jurisdictions. Estoppel may be used to prevent the government from …

WitrynaSTRYDOM A.J.A: [1] This is a matter which was brought on Notice of Motion by the 1 st Appellant in the High Court of Namibia. Before the matter was heard objection was raised by some of the respondents against the locus standi of the 1 st appellant to bring the application. Application was then made to join the 2 nd appellant as 2 nd applicant … dialog\u0027s zl dialog\u0027s zrWitryna3 gru 2024 · The appellant issued summons against the Government of Namibia represented by the Minister of Justice in his official capacity; the magistrate, the … bear bakingWitryna2 lut 2024 · Serbs, Croats and Slovenes) case was the word estoppel expressly used in the judgment. In the Serbian Loans case the PCIJ stated that, when the requirements of the principle of estoppel to establish a loss of right are considered, it is quite clear that no sufficient basis has been shown for applying the principle in this case. bear bakesWitryna2 Reliance by estoppel assertor on representation. A number of cases dealing with so-called “floor-plan agreements” have been reported in the past few years. ABSA Bank Ltd t/a Bankfin v Jordashe Auto CC (402/2001) [2002] ZASCA 130 (27 September 2002); 2003 1 All SA 401 (SCA); 2003 1 SA 401 (SCA) is a case in point. In this case, there … bear bakedWitryna10 sie 2015 · HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: A 417/2013 In the matter between: TOWN COUNCIL OF RUNDU APPLICANT And RICHARD MUBURU DINYANDO FIRST RESPONDENT THERESIA DINYANDO SECOND RESPONDENT JEFFREY SWARTZ THIRD RESPONDENT BEACON … bear balm anokaWitrynaThe first provides a state ment of the doctrine of estoppel by representation in both South African and English law. Rabie clearly de scribes what the doctrine involves … bear baked granola