date of arrest, and later withdrew it. He instituted another action against the same defendant in that he was unlawfully arrested, detained, consequently that he has suffered damages in that regard. The defendant raised a special plea of prescription in terms of Section 39 of the Police Act of 1990. The question that this Court had to decide was whether the plaintiff’s claims are prescribed in terms of section 39 of the Police Act. ORDER The special plea to claims 1 & 2 is upheld. The special plea to claim 3 is dismissed. The plaintiff is ordered to pay 70 percent of the include defendant’s costs which will the costs of one instructing and one instructed counsel. The matter is postponed to 08 September 2016 at 15h30 for a status hearing JUDGMENT MILLER, AJ [1] The parties in this matter are Junias Fillipus, hereinafter referred to as the plaintiff who is an adult male person residing at Ohamenya village in Ohangwena region. Namibia. [2] The defendant is the Government of the Republic of Namibia. Established in terms of Article 1 of the Namibian Constitution, c/o 2nd Floor, Sanlam Centre, Independence Avenue, Windhoek Namibia. Brief Background
date of arrest, and later withdrew it. He instituted another action against the same defendant in that he was unlawfully arrested, detained, consequently that he has suffered damages in that regard. The defendant raised a special plea of prescription in terms of Section 39 of the Police Act of 1990. The question that this Court had to decide was whether the plaintiff’s claims are prescribed in terms of section 39 of the Police Act. ORDER The special plea to claims 1 & 2 is upheld. The special plea to claim 3 is dismissed. The plaintiff is ordered to pay 70 percent of the defendant’s costs which will include the costs of one instructing and one instructed counsel. The matter is postponed to 08 September 2016 at 15h30 for a status hearing JUDGMENT MILLER, AJ [1] The parties in this matter are Junias Fillipus, hereinafter referred to as the plaintiff who is an adult male person residing at Ohamenya village in Ohangwena region. Namibia. [2] The defendant is the Government of the Republic of Namibia. Established in terms of Article 1 of the Namibian Constitution, c/o 2nd Floor, Sanlam Centre, Independence Avenue, Windhoek Namibia. Brief Background
Fillipus%20vs%20Government%20of%20the%20Republic%20of%20Namibia%20(I%201598-2013)%20[2016]%20NAHCMD%20238%20(18%20August%202016).docx