also sues for loss of profit and the return of money that was in his motor vehicle when the police impounded it in actions associated with the arrest and detention mentioned earlier. Background [4] The plaintiff is a Namibian adult male resident of Erf. 688 Zambezi Street, Wanaheda, Katutura, Windhoek in this Republic. It is common cause that in or about 2014, he ran a business, which was a house of merriment, namely, selling liquor and related products in what has become colloquially known in this part of the world as a I will use the said term interchangeably with the in reference to the ‘shebeen’. word ‘bar’ business. He sued the defendant, being the Minister of Safety and Security, in plaintiff’s respect of three separate claims, namely, payment of N$ 300 000 for alleged unlawful arrest and assaults by the charges of the defendant, being police officers based at the Serious Crimes Unit in Windhoek; payment of N$ 70 000, being in respect of loss of profit in his aforesaid business and lastly, payment of N$ 27 000, which was an amount of money that was in his vehicle during an alleged wrongful impoundment of his vehicle by the police. Admission of liability [5] Happily, and to their credit, the defendants admitted liability to the plaintiff for the claims and what the court was in that event called upon to determine, was the issue of quantum in relation to the three claims stated above. plaintiff’s Common cause facts [6] A cursory assessment of the case brings one to the conclusion that most of the facts giving rise to the claim are common cause and are not the subject serious disputation, if any. It may ultimately be in applying the relevant law to the common cause facts that may constitute the slippery slope. I intend, in order to bring the reader up to
also sues for loss of profit and the return of money that was in his motor vehicle when the police impounded it in actions associated with the arrest and detention mentioned earlier. Background [4] The plaintiff is a Namibian adult male resident of Erf. 688 Zambezi Street, Wanaheda, Katutura, Windhoek in this Republic. It is common cause that in or about 2014, he ran a business, which was a house of merriment, namely, selling liquor and related products in what has become colloquially known in this part of the world as a ‘shebeen’. I will use the said term interchangeably with the word ‘bar’ in reference to the plaintiff’s business. He sued the defendant, being the Minister of Safety and Security, in respect of three separate claims, namely, payment of N$ 300 000 for alleged unlawful arrest and assaults by the charges of the defendant, being police officers based at the Serious Crimes Unit in Windhoek; payment of N$ 70 000, being in respect of loss of profit in his aforesaid business and lastly, payment of N$ 27 000, which was an amount of money that was in his vehicle during an alleged wrongful impoundment of his vehicle by the police. Admission of liability [5] Happily, and to their credit, the defendants admitted liability to the plaintiff for the claims and what the court was in that event called upon to determine, was the issue of quantum in relation to the plaintiff’s three claims stated above. Common cause facts [6] A cursory assessment of the case brings one to the conclusion that most of the facts giving rise to the claim are common cause and are not the subject serious disputation, if any. It may ultimately be in applying the relevant law to the common cause facts that may constitute the slippery slope. I intend, in order to bring the reader up to