Teek hit by lawsuit setbacks
The Windhoek High Court has struck from the roll a N$6.7 million lawsuit instituted by retired Supreme Court judge Pio Teek against the head of state, the government, the justice minister and the attorney-general.
Teek is suing for the violation of his right to a fair trial, defamation and alleged breaches of constitutional duties.
The case was struck from the roll on Wednesday, pending the outcome of Teek's appeal against the dismissal of another N$6.8 million lawsuit he had brought against the justice minister and the ombudsman.
In the dismissed case Teek had sued the minister and ombudsman for malicious and undue lengthy delays and the allegedly unlawful failure to speedily serve combined summonses on South African appeal judges Piet Streicher, Kenneth Mthiyane and Fritz Brand.
The three judges had heard the state's appeal against Teek's discharge by another South African judge, Ronnie Bosielo, in 2006 on child abduction, rape and other charges, and referred the case for a retrial.
Teek now claims his constitutional and statutory rights were grossly violated and that the delays resulted in him incurring financial losses.
The court dismissed the case on Tuesday on the basis that the summonses and particulars of the claim against the three foreign judges were “bad in law” and that no monetary relief could be claimed in the case.
It was found that the summonses for the judges were issued by the High Court registrar, but were not served before their withdrawal.
Teek relied on the non-service of summonses and therefore no legal action could follow, the High court found.
It also emphasised it was necessary for Teek to allege and disclose facts in his particulars of claim against the three foreign judges, in order to show that the Namibian High Court has effective jurisdiction.
Teek indicated to Deputy Judge President Hosea Angula that he is appealing against these findings, which then led to the other lawsuit being struck from the roll.
FRED GOEIEMAN
Teek is suing for the violation of his right to a fair trial, defamation and alleged breaches of constitutional duties.
The case was struck from the roll on Wednesday, pending the outcome of Teek's appeal against the dismissal of another N$6.8 million lawsuit he had brought against the justice minister and the ombudsman.
In the dismissed case Teek had sued the minister and ombudsman for malicious and undue lengthy delays and the allegedly unlawful failure to speedily serve combined summonses on South African appeal judges Piet Streicher, Kenneth Mthiyane and Fritz Brand.
The three judges had heard the state's appeal against Teek's discharge by another South African judge, Ronnie Bosielo, in 2006 on child abduction, rape and other charges, and referred the case for a retrial.
Teek now claims his constitutional and statutory rights were grossly violated and that the delays resulted in him incurring financial losses.
The court dismissed the case on Tuesday on the basis that the summonses and particulars of the claim against the three foreign judges were “bad in law” and that no monetary relief could be claimed in the case.
It was found that the summonses for the judges were issued by the High Court registrar, but were not served before their withdrawal.
Teek relied on the non-service of summonses and therefore no legal action could follow, the High court found.
It also emphasised it was necessary for Teek to allege and disclose facts in his particulars of claim against the three foreign judges, in order to show that the Namibian High Court has effective jurisdiction.
Teek indicated to Deputy Judge President Hosea Angula that he is appealing against these findings, which then led to the other lawsuit being struck from the roll.
FRED GOEIEMAN
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