Minister van Polisie v Ewels 1975 (3) SA 590 (A) [8] Welcome to the  My Easy LLB Namibian Law Blog! This case surrounded the question of whether the police are responsible for stopping an assault that takes place in their presence. The case summary attempts to follow the basic FIRAC rubric and includes as much pertinent information as possible. It is, however, not a substitute for self-study. We're only trying to help. Good luck! 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) ______ Facts Fellow police officers stood and watched idly as an off-duty police sergeant violently assaulted an ordinary citizen in a police station; It would have been reasonably possible, even easy, to have prevented or put an end to the attack. The respondent sued and won damages from the appellant and this is an appeal of that judgement. Issue Did the fellow police officers act wrongfully in their omission to stop the attack, i.e. does a policeman/woman on duty, if (s...

  Welcome to the  My Easy LLB Namibian Law Blog! This company law case was concerned with capital maintenance with regard to shares, shareholders and members. The case summary attempts to follow the basic FIRAC rubric and includes as much pertinent information as possible. It is, however, not a substitute for self-study. We're only trying to help. Good luck! 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) ______ Facts Before the liquidation of a company, the defendant and another (who were sole directors and shareholders of the company) sold the fixed property of the company and shared the proceeds as dividends. Issue Can the directors of a company pay dividends out of capital? Rules Judicial precedent: -          Boyd v Commissioner for Inland Revenue , 1951 (3) SA 525 (AD)  F at p. 534: A shareholder is not entitled to claim his  aliquot  share of the profits made by...

  Welcome to the  My Easy LLB Namibian Law Blog! Below you will find a few terms and phrases that you may come across frequently in your study of family law.  This list is non-exhaustive but it might be an ice-breaker for all that legalese and, just maybe, might spare you from being caught off guard by your lecturer, looking like  😳 This glossary is not an academic reference. Use it to help you study. Here we go! ________ actio iniuriarum – an action by means of solatium.

  Welcome to the  My Easy LLB Namibian Law Blog! This is a case note on the Law of Persons and not a full case summary. It is intended to jog your memory about the facts of the case and the principle(s) it established. ( Tip: Use the sidebar to browse other study materials on this subject ). Short Facts - The plaintiff's husband was employed by the defendant company;  - her husband was killed due to the negligence of her husband's  colleague ; - the plaintiff was pregnant when her husband was killed; - she claimed damages from the defendant, claiming that her husband's death was partly due to the  defendant's  negligence (vicarious liability).  Main Issue Does the unborn child have an independent right of action? Principle RE: Nasciturus fiction: If an unborn child’s father is killed, the child has an independent right of action, apart from his/her mother, against the person who has killed his/her father . 🍎

Welcome to the My Easy LLB Namibian Law Blog! These are notes on the meaning of the law . They are not an academic reference. Use them to help you study. These notes will briefly explain  what makes  the law, i.e. legal rules, different from other rules. ________ Law is a complex concept 😕   There is a consensus amongst writers that it is difficult to define 'law' in a way that captures all its angles. We can go with Amoo’s definition and say that law is a 'body of rules and regulations (or norms) that govern and regulate the conduct and behaviour of the individual in the society for the preservation of order in the society ' (Amoo 2008, p. 6). Most of the law consists of rules which prescribe how people should behave; these rules create terms, competencies and so on (Hage et al., 2017). While terms like ‘rule’, ‘norm’, ‘guideline’, ‘regulation’, etc., also refer to and influence and govern human behaviour, legal rules are binding and this binding nature sets them...

  Welcome to the  My Easy LLB Namibian Law Blog! This case featured a dispute surrounding the enforceability of a company's articles of association and the nature of a share. This is a historical company law case and in order to capture the principles it laid down, the following case summary will deviate from the standard format. Use this to help you study but never use our case summaries as your sole source of reading 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) Facts Steel Bros' articles of association stated that if a member thereof went bankrupt, their shares would be transferred to other shareholders at a fair price below par value; Borland (a shareholder of Steel Bros) went bankrupt and his trustee was informed of the transfer of his shares; Borland's trustee argued that Steel Bros' articles of association were void because they compromised ownership and property, which tend to perpetuity (i.e. to...

Welcome to the  My Easy LLB Namibian Law Blog! This case featured a dispute surrounding a woman whose baby was born with brain damage after a car accident she was involved in while she was pregnant. The case summary attempts to follow the basic FIRAC rubric and includes as much pertinent information as possible. It is, however, not a substitute for self-study. We're only trying to help. Good luck! 😉✌ ( Tip: Use the sidebar to browse other case summaries on this subject ) Facts A pregnant woman was involved in a car accident caused by the defendant’s negligence; After birth, the child was found to be suffering from serious brain damage; Compensation was claimed from the defendant on the child’s behalf; however, at the time of the defendant’s acts, the child was  in ventre matris  (had no legal personality and no legally protected interests that could be infringed). Issues ...

Welcome to the  My Easy LLB Namibian Law Blog! This case featured a dispute surrounding the interrogation, arrest and subsequent conviction and sentencing of certain persons in the hunting and killing of giraffes in Grootfontein. The case summary attempts to follow the basic FIRAC rubric and includes as much pertinent information as possible. It is, however, not a substitute for self-study. We're only trying to help. Good luck! 😉✌  ( Tip: Use the sidebar to browse other case summaries on this subject ) Facts In January 1992, a giraffe was hunted and killed at Nom-Tsoa in Grootfontein and another was killed nearby; No one saw anyone killing either giraffe; An employee of the Ministry of Wildlife and Conservation and two companions saw giraffe hoofs and footprints, followed them and came across a partially skinned giraffe; There were no people but there were knives, axes and spears; After a while, some people arriv...