Civil Procedure Code at Namibia
Namibia's civil litigation is governed by the Civil Procedure Act, 1966, which outlines the procedures for civil proceedings in the country.
📘 Overview of the Civil Procedure Act, 1966
The Civil Procedure Act, 1966, provides a comprehensive framework for civil litigation in Namibia. Key provisions include:
Jurisdiction of Courts: Section 9 of the Act stipulates that courts have jurisdiction to try all suits of a civil nature, except those where their cognizance is expressly or impliedly barred.
Place of Suing: Section 15 mandates that every suit shall be instituted in the court of the lowest grade competent to try it. Section 16 specifies that suits related to immovable property should be instituted in the court within whose jurisdiction the property is situated.
Mediation: The Act allows courts to refer civil cases to mediation. Mediation proceedings are confidential, and any communications made during mediation are not admissible in subsequent hearings. If parties reach an agreement through mediation, they must apply to the court to verify and formalize the agreement.
🏛️ Court Structure
Namibia's civil court system comprises several levels:
High Court: The highest court, handling civil appeals and significant civil matters.
Magistrates' Courts: Deal with civil cases of lesser value and complexity.
📄 Accessing the Act
The full text of the Civil Procedure Act, 1966 is available in English. You can access it through the following resources:
WIPO Lex – Namibia Civil Procedure Code
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