![]() ![]() The respondent is a self-employed male person who described his business as a ‘bar’, situated in Havana Katutura, Windhoek. The respondent called three witnesses during the trial, namely himself, one Abner Shipeta and Katrina Ndinelago David. I would at this stage wish to apologise to the litigants for the delay in the provision of this judgment. Nghilinganye and Kokule should personally not pay such costs, jointly and severally, the one paying and the other being absolved.’ (a) Costs of suit in this matter should not be ordered on the scale between attorney and client Freddie Nghilinganye and Sackey Kokule be and are hereby called upon to show cause in person or by legal representatives of their own choice and at their own costs, on or before 27 September 2017, why ![]() The court a quo also made the following order: The court a quo further ordered the payment of interest on the aforesaid amounts at the rate of 20 percent per annum from the date of judgment to the date of final payment. The appeal lies against the order of the court a quo, ordering the appellant to pay the following amounts: The respondent instituted action proceedings in the High Court (court a quo) in which he claimed contumelia for unlawful arrest and detention in the amount of N$300 000 (claim 1), for monies which disappeared from his vehicle impounded by the police in the amount of N$27 000 (claim 2) and for loss of profit in the amount of N$70 000 (claim 3). HOFF JA (SHIVUTE CJ and FRANK AJA concurring): In respect of the third claim for loss of profit, absolution from the instance was ordered. The appeal was dismissed in respect of the claim for damages for unlawful arrest as well as the claim for the disappearance of an amount of cash from the respondent’s vehicle under the care and control of the appellant. In these circumstances, the court a quo was not bound ‘to resort to the rough and ready method of the proverbial educated guess.’ No evidence in respect of any other expenses was produced. The plaintiff presented evidence in respect of only the daily aggregate gross income of his business. The court was not bound to do so in instances where the plaintiff had failed to produce evidence which he or she could reasonably have produced in the circumstances but failed to do so. However, where damages are difficult to assess, a court may resort to an educated guess on material placed before it. ![]() In a claim for loss of profit, the plaintiff must prove the quantum of damages suffered. The damages awarded by the court a quo were appropriate in the circumstances and were confirmed. The highhanded conduct of the police officers called for serious censure by this court. The same police officers who arrested the respondent seriously abused their powers and acted as if they were beyond any level of accountability. Summary: In assessing an appropriate award for damages in respect of a claim for unlawful arrest, this court considered that the respondent was unlawfully arrested in circumstances which indisputably impaired his dignity that he was repeatedly arrested (on three occasions) and unlawfully deprived of his liberty was harassed, and his life was threatened. ![]()
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