The Magistrate’s Court Act 32 of 1944 and High Court rules is applicable in Namibia, as far as
Magistrate and High Court matters are concerned. We attend to various High Court and Magistrate
Court litigation matters.
Litigation is the process of taking a dispute to a court of law. If the parties cannot agree between
themselves about the fair and proper outcome of a dispute, they will present their respective cases
to a court for its judgment. It is a broad term that describes a long and sometimes complex
process.
What kind of cases can be resolved using litigation?
There are a wide range of cases which can be resolved using litigation. These can include:
• Commercial disputes e.g. claims for breach of contract such as damages suffered or recovery of
debts
• Matrimonial matters e.g. determining the extent of a spousal and/or maintenance claims in a
divorce action
• Claims against the state e.g. wrongful arrest
• Personal injury claims e.g. monetary claims arising out of an accident where a person suffered
harm
• Employment disputes e.g. a claim for wrongful dismissal
What is the litigation process?
The litigation process can be divided into three broad stages:
• The issue of summons and filing of a defence
• Pre-trial procedures
• Trial
The first stage: issue of summons and filing of defence
Legal proceedings commence by the formal service of a Summons on a defendant.
The Plaintiff’s case will be set out in two documents
• Summons – which sets out the names of the parties
• Particulars of Claim – this document sets out the full details of the claim including the facts
which support the claim being made
The length and complexity of a case will depend on the facts of each case.
A defendant served with a Summons must, within the time periods prescribed by the High Court Rules
file a Notice to Defend, if he disputes the action.
The defence
This pleasing deals with the facts alleged and either admits or denies them.
Pre-trial procedures
Once a Notice to Defend has been filed, a Managing Judge is assigned to the case. Th Role of the
Managing Judge is to control and manage the procedure and processes relating to the case.
Once the pleadings are filed, the parties will have a fair idea of which issues of fact or
conclusions of law are in dispute.
The purpose of the pre-trial procedures is to:
• Narrow the issues in dispute between the parties
• Disclose to the other party all the documents in their possession or control which are relevant to
the case (which either support or are adverse to their case)
• Prepare for trial e.g. estimate the number of days required
• Explore the possibility of settlement
The trial
Trials are held in open court and heard by an assigned judge.
Once the court has heard the evidence and argument by the parties lawyers, it will make its
decision. The judgment will also contain a direction as to who should pay the costs of the
litigation.
An appeal
If the parties are not satisfied with the outcome of the proceedings, they may apply for leave to
appeal against a judgment or court order.
Costs
Litigation can be an extremely expensive undertaking. While it is true that in most cases the
successful party can claim its legal costs from the other party, it is unlikely that a party would
be able to recover all of its legal costs. The legal costs can vary in accordance with the type of
the claim, the complexity of the matter, the level of seniority of your lawyer and whether Junior or
Senior Counsel is instructed.