Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2009
Abstract
The plaintiff who was arrested for theft of 2 zebra skins, spent 32 days in custody awaiting trial. His case was later withdrawn. He then claimed N$277 200.00 from the defendant for wrongfully and maliciously setting the law in motion by laying a false charge against him. The plaintiff alleged that the defendant’s conduct was the reason he was arrested and detained for 32 days until admitted to bail. The High Court of Namibia dismissed the plaintiff’s claim with costs.
Language of document
English
Reference number
[2009] NAHC 12
Charges
N/A
Species
Zebra
Transnational
No
Decision
The plaintiff’s claim was dismissed with costs.
Appealed
No
Penalty
Penalty Imprisonment: N/A Fine: N/A Community service: N/A Probation: N/A Other: N/A Effect of penalty Suspended: N/A Backdated: N/A
Court cases cited
Raliphaswa v Mungivhi and Others 2008(4) SA 154
Heyns v Venter 2004 (3) SA 200 (T) 207-208
International Shipping Co (Pty) Ltd v Bentley 1990 (1) SA 680 (A
Ochse v King Williams Town Municipality 1990 (2) SA 855
S v Holshausen 1984 (4) SA 852 (A)
S v De Conceicao 1978 (4) SA 186 (T)
S v Brampton 1976 (3) SA 236 (T)
Lederman v Moharal Investments (Pty) Ltd 1969(1) SA190 (A)190-196 G-H
Beckenstrater v Rottcher and Theunissen 1955 (1) SA 129
Madnitsky v Rosenberg 1949 91) P.H. J5
S v Miller 1939 AD 106
Baker v Christiane, 1920 W.L.R. 14
Text and analysis