Namibia Legal Practitioners' Qualifying Examination key terms

The legal right of a person to bring a matter before a court because they have a sufficient, direct and substantial interest in the outcome, rather than merely a general or academic concern.

A day on which court business is not transacted, such as a Sunday or public holiday, and which is excluded when computing time limits set by the rules of court.

The period of notice, counted in days, that must elapse after service of process before the opposing party is required to respond, allowing time to instruct a legal practitioner.

A preliminary objection raised in response to a pleading on the ground that it discloses no cause of action or defence, is vague and embarrassing, or is otherwise legally defective.

A defence that does not answer the merits of a claim but relies on a procedural or legal bar, such as prescription, res judicata or lack of jurisdiction, to defeat the action outright.

The principle that a final judgment on the merits by a competent court is conclusive between the same parties and their privies, barring repeat litigation on the same cause of action.

The state of pending litigation, which may bar a second action between the same parties on the same subject matter while the first is still undetermined before a competent court.

A decision granted in favour of a claimant when the defendant fails to deliver a notice of intention to defend or a plea within the prescribed time, without a hearing on the merits.

A procedure allowing a claimant to obtain judgment without trial where the defendant has no bona fide defence and enters appearance only to delay, based on affidavit evidence.

A written statement of facts confirmed by oath or affirmation before a commissioner of oaths or other authorised person, used as evidence in motion proceedings and interlocutory applications.

A motion brought to court without notice to any other party, permissible only where the relief is urgent or the interests of justice require that no prior notice be given.

An interim order issued on an ex parte basis calling on interested parties to show cause on a fixed return day why the order should not be made final.

An admission of guilt made by an accused person, which is admissible only if made freely and voluntarily without undue influence, and which must be reduced to writing by a commissioned officer.

A demonstration by a suspect of a place, object or fact connected with an offence, which is treated as an admission and is admissible only if made freely and voluntarily.

A rule of practice requiring the court to treat certain evidence, such as identification by a single witness or an accomplice's testimony, with special care before relying on it.

The documented, unbroken record of who handled an item of physical evidence from seizure to presentation in court, used to show that the item has not been tampered with.

The conditional release of an arrested person from custody pending trial, usually on payment of money or other conditions, where the interests of justice do not require continued detention.

A form of intention where the wrongdoer foresees the possibility that the unlawful consequence may occur yet proceeds regardless, reconciling themselves with that outcome.

Failure to exercise the degree of care that a reasonable person in the same circumstances would exercise, judged by the foreseeability and preventability of harm and the burden of precautions.

The link between conduct and harm, requiring both factual causation (the but-for test) and legal causation, which limits liability to consequences sufficiently closely connected to the wrongdoer's conduct.

A defence available to a party to a reciprocal contract who is sued for performance, allowing them to withhold performance while the other party remains in default of its own obligation.

A court order compelling a party to carry out its contractual undertaking in kind rather than pay damages, granted where performance is possible and damages would be inadequate.

A right enforceable against the whole world in respect of a thing, such as ownership, servitude or mortgage, as distinct from a personal right enforceable only against a particular debtor.

A limited real right over another person's land, either entitling the holder to use the land (praedial) or to take something from it, while the owner retains ownership.

A personal servitude granting a named person the right to use and draw the fruits of another's property for life or a fixed period, subject to preserving the substance of the property.

A registered real security right over immovable property securing repayment of a debt, entitling the creditor to have the property executed against if the debtor defaults.

A document executed before a notary public in the prescribed form, required for certain transactions such as antenuptial contracts and long leases, and carrying special evidentiary weight.

An agreement concluded before marriage, executed before a notary and registered, that determines whether the marriage is in or out of community of property and regulates its proprietary consequences.

The combined assets and liabilities of spouses married in community of property, administered jointly and shared equally on dissolution of the marriage.

The process by which a company's affairs are liquidated, its assets realised and distributed to creditors, and the company is dissolved and removed from the register.

A statutory procedure aimed at rehabilitating a financially distressed company by temporarily suspending creditors' claims and placing its affairs under a practitioner's supervision.

The process of collecting and realising a debtor's assets and distributing the proceeds among creditors in accordance with their ranking and the applicable insolvency legislation.

The coming together of creditors upon sequestration or liquidation, after which the rights of the general body of creditors are preferred to those of individual creditors.

A procedural entitlement to be heard arising where an administrative decision affects a person who was led to expect a benefit or a hearing, even absent a strict legal right.

The rule that no person may be condemned without being given a fair opportunity to be heard on the allegations against them, a core element of natural justice.

Beyond the powers conferred by law, describing conduct or a decision by a public body or company that exceeds the authority granted to it and is therefore invalid.

A situation where a practitioner's personal, financial or other interest, or duty to another client, could improperly influence the exercise of professional judgment on a client's behalf.

The practitioner's duty not to disclose information acquired in the course of the professional relationship, continuing after the mandate ends and subject only to narrow legal exceptions.

A separate bank account in which a practitioner holds money belonging to clients, kept distinct from business funds and subject to prescribed record-keeping and audit requirements.

A label on settlement communications indicating they are made in an attempt to compromise and may not be disclosed in court without the consent of both parties.

The body of unwritten norms and practices observed as binding within a particular community, recognised as a source of law subject to the Constitution and applicable legislation.

A recognised institution exercising customary leadership functions over a traditional community, including dispute resolution and allocation of communal land, as regulated by statute.