Ester Mbathera
The High Court of Namibia has struck down the case involving businessman Daniel Kamunoko, who is suing Standard Bank Namibia Limited, and several respondents for US$8.9 billion (about N$184 billion).
The matter was removed from the roll on 25 June marking it as inactive, effectively ending the current proceedings without further action.
“The case is struck from roll in terms of R132(10) and finalised as Case Inactive (Rule 132),” reads the court documents.
This is despite the fact that this was appealed in the Supreme Court under case no. SA 7/0023.
Kamunoko cited the Supreme Court delay as the reason for the case’s inactivity.
“According to the Rules of the High Court, once an appeal is lodged with the Supreme Court, the proceedings in the High Court must be held in abeyance until the Supreme Court has pronounced its decision. This rule ensures that no actions are taken that might prejudice the outcome of the appeal or lead to contradictory judgments. Therefore, the perceived inactivity in the High Court case is due to the mandatory pause in proceedings while awaiting the Supreme Court’s decision,” said Kamunoko.
He requested that the case be kept on the roll in accordance with the High Court rules, which necessitate holding the High Court proceedings until the Supreme Court has delivered its judgement.
“Striking the case from the roll at this stage would be premature and contrary to procedural fairness, given that the Supreme Court’s decision will directly impact the proceedings in the High Court,” he said.
Rule 115 of the High Court Rules addresses the suspension of proceedings in the lower court.
It provides that, when an appeal is noted, the operation and execution of the order appealed from are suspended, pending the decision of such appeal, unless the court that gave such an order, on the application of a party, directs otherwise.
In December 2022, Kamuko and other applicants, Schameera Seven, Schameera Four, and Elvis Ndala, filed a review application with the Supreme Court.
Kamunoko is suing the bank for loss of business opportunities, such as the liquefied natural gas 900MW power plant, which he said was going to supply Namibia and the Southern African Power Pool (SAPP).
He claims that losing this opportunity was the reason for the death of his uncle, the late Uukwangali King, Hompa Daniel Sintentu Mpasi.
He is demanding US$8.9 billion as restitution for the pain and suffering caused by the bank.
