Court claim fails after family member's death

Four people who claimed around N$1.5 million from the state for the death of a family member, failed in their court application.Victor Kamwi Liwela died on 15 December 2016 at the Katutura State Hospital and the family alleged the doctors and nursing staff acted in defiance of their duty, which they claim subsequently led to Liwela's deathThe deceased's brother, Obrine Liwela; his son, Carl Liwela; his niece, Katrina Liwela; and a representative of his two minor children, Shozi Liwela, filed the case against the Ministry of Health and Social Services in 2018.They argued that the deceased was in the hospital for two days, failed to diagnose his condition properly, and allegedly failed to treat him on an urgent basis. Additionally, they argued that the staff did not monitor his condition.Obrine Liwela testified during the trial that the manner in which Victor died traumatised them as a family. “They trusted the hospital to help the deceased get better, but instead they neglected him and caused his death through their negligence. “They failed to monitor his condition with the proper care expected of medical practitioners. It was their duty to help him and look after him, but they didn't do it," he claimed in court.CASE DISMISSEDThe High Court in Windhoek dismissed the claim on Friday after the health ministry brought an application for absolution from the instance.The application was brought after the Liwelas closed their case and is based on the claim that they did not provide sufficient evidence to succeed in their application.Judge Shafimana Ueitele granted the application and struck the case from the roll. “The plaintiffs' evidence in relation to the defendant's alleged breach of his legal duty was weak, unreliable, improbable and not credible."Based on the law and the evidence placed before the court, I find that there is no evidence on which a court, applying its opinion reasonably to such evidence, could find in favour of the plaintiffs."There was no cost order made against the Liwela family.

Court claim fails after family member's death

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Namibian Sun 2025-07-10

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Court claim fails after family member's death

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Namibian Sun 2025-07-10

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