REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 3121/2010 In the matter between: HENOK IYAMBO PLAINTIFF and MINISTER OF SAFETY AND SECURITY DEFENDANT Neutral citation: Iyambo v Minister of Safety and Security (I 3121/2010) [2013] NAHCMD 38 (12 February 2013) PARKER AJ Heard: 29 30 January 2013 – Delivered: 12 February 2013 Flynote: Delict Plaintiff’s action based on unlawful arrest and detention by – defendant’s Ministry’s police officials Plaintiff brought before a magistrate within 48 – hours after arrest and detention in compliance with the Namibian Constitution – Defendant therefore conceding liability Court asked to determine quantum of – damages only. Flynote: Costs Plaintiff not having gained substantial success court departing – from rule of practice that costs follow the event. Summary: Delict Plaintiff’s action based on unlawful arrest and detention by – defendant’s Ministry’s police officials Plaintiff brought before a magistrate four days – after arrest and detention in violation of Article 11(3) of the Namibian Constitution – Defendant having admitted liability only question remaining being quantum of damages In assessment of damages court taking into account circumstances – surrounding arrest of plaintiff and treatment of plaintiff by arresting police officials, period of unlawful detention being four days, plaintiff’s loss of freedom of movement
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 3121/2010 In the matter between: HENOK IYAMBO PLAINTIFF and MINISTER OF SAFETY AND SECURITY DEFENDANT Neutral citation: Iyambo v Minister of Safety and Security (I 3121/2010) [2013] NAHCMD 38 (12 February 2013) PARKER AJ Heard: 29 – 30 January 2013 Delivered: 12 February 2013 Flynote: Delict – Plaintiff’s action based on unlawful arrest and detention by defendant’s Ministry’s police officials – Plaintiff brought before a magistrate within 48 hours after arrest and detention in compliance with the Namibian Constitution – Defendant therefore conceding liability – Court asked to determine quantum of damages only. Flynote: Costs – Plaintiff not having gained substantial success court departing from rule of practice that costs follow the event. Summary: Delict – Plaintiff’s action based on unlawful arrest and detention by defendant’s Ministry’s police officials – Plaintiff brought before a magistrate four days after arrest and detention in violation of Article 11(3) of the Namibian Constitution – Defendant having admitted liability only question remaining being quantum of damages – In assessment of damages court taking into account circumstances surrounding arrest of plaintiff and treatment of plaintiff by arresting police officials, period of unlawful detention being four days, plaintiff’s loss of freedom of movement