+264 61 382 800 info@koep.com.na

Litigation &
Dispute Resolution

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Insolvency & Judicial

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Labour Law

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Shipping & Admiralty Law

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Construction Disputes

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Criminal Law

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Banking Recoveries

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FIELD OF PRACTICE & OUR EXPERTISE

High Court & Supreme Court Litigation

Koep has one of the largest litigation departments in Namibia.

We are a team of legal practitioners of various levels of seniority who regularly litigate in the High Court and the Supreme Court of Namibia, as well as in private arbitrations. Some of our team members are also High Court accredited mediators who are active in the alternative dispute resolution space.

Over the four decades that we have been litigating, we have been involved in numerous precedent-setting, high-profile cases in both the High Court and the Supreme Court. Several of these matters have been published in the Namibian Law Reports.

By carefully considering and implementing the correct strategy for an instruction from the outset, we proactively attempt to resolve disputes in the best interest of our clients and in the most efficient, speedy and cost-effective manner possible.

We aim to build long-standing relationships with our clients based on in-depth knowledge of their business and their people. By focusing on understanding their existing and future challenges, we can provide advice that is not only geared towards solving an immediate problem, but also towards preventing future problems.

About Koep

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Koep specialises in general commercial and private law litigation.

This includes certain aspects of public law litigation, especially the challenging and reviewing of administrative decisions in the mining, energy, immigration and public procurement sectors. In addition, we have been involved in national arbitrations and other forms of alternative dispute resolution.

The Firm’s noteworthy instructions over the past 10 years include, among others:

Precedent setting Supreme Court case dealing with the Import and Export Control Act 30 of 1994...

Acting for a major food wholesaler in a successful urgent application against the Minister of Trade and Industry to have quantitative restrictions on the importation of dairy products set aside

High profile review application in the High Court challenging the allocation of fishing quotas...

Acting for a major fishing company in an urgent application against the Minister of Fisheries and Marine Resources, in which our client asked the High Court of Namibia to review and set aside certain horse mackerel quota allocations

Precedent setting Supreme Court case dealing with citizenship by birth in Namibia...

Acting for a foreign national in a High Court application and Supreme Court appeal to have his minor son declared a Namibian Citizen by Birth under Article 4 of the Constitution of the Republic of Namibia – this judgement developed the constitutional law in Namibia and set a precedent on citizenship by birth

Precedent setting Supreme Court case dealing with the Customs and Excise Act 20 of 1998...

Acting for a major local cement producer against the Minister of Finance and other parties in an urgent review to the Supreme Court that set a precedent for the proper interpretation of certain sections of the Customs and Excise Act (Act No. 20 of 1998)

Precedent setting Supreme Court case dealing with the Architects and Quantity Surveyors Act 13 of 1979...

Acting for one of the largest architect firms in Namibia in the High Court and the Supreme Court that set a precedent for the interpretation of certain sections of the Architects and Quantity Surveyors Act (Act No. 13 of 1979)

High profile construction disputes...

Representing private companies and individual clients in Multi-million dollar construction / building disputes

Multi-million dollar High Court civil action for constitutional damages against the Government of Namibia...

Representing a local power producer against the Government of Namibia and its related parastatals in a multimillion dollar claim for constitutional damages relating to the tender award for a power production plant.

Acting in a N$ 3.5 Billion dollar tender review...

Challenging the award of a foodstuffs and catering tender totalling N$ 3.5 Billion at the tender review board of Namibia and acting on behalf of a corporate client in an action for damages in the High Court in which damages are claimed in the amount of N$ 160 Million, based on the unsuccessful tender award.

Numerous precedent setting Supreme Court cases dealing with the interpretation and application of the Labour Act 11 of 2007...

Acting for corporate and individual clients in a range of employment law disputes that were ultimately taken on appeal to the Supreme Court, and which set separate precedents in law on the interpretation and application of sections 86(2), 86(18) and 89(1)(a) of the Labour Act 11 of 2007.

Acting in numerous multi-million dollar professional negligence claims...

Representing various other law firms in multi-million dollar professional negligence claims initiated against them. Representing parastatals, engineering firms, architects, construction companies and other specialised service providers in professional negligence claims initiated against them or in cases where they sued other entities in contractual disputes

Multi-Million dollar construction dispute over the Walvis Bay Airport...

Representing one of the oldest and largest construction companies in Namibia in arbitration and litigation with a Spanish consortium and the Government of Namibia on the Walvis Bay Airport Project

In general, we have acted in a wide range of complex contractual and commercial litigation related claims in the High Court and the Supreme Court of Namibia.

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Insolvency & Judicial Management

As a result of relatively recent economic factors, insolvency and judicial management has gained increasing prominence in Namibia.

As one of the leading insolvency law practices in Namibia with an ever-growing client base, we actively litigate and advise in this area, working hand in hand with a number of the country’s most prominent insolvency practitioners. We remain involved in some of the most prestigious and important major liquidation, sequestration and judicial management matters currently pending in Namibia, primarily acting either for insolvency practitioners (i.e. appointed liquidators, trustees or judicial managers) or creditors.

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Labour Law

We strongly believe that the effective management of labour and employment issues in the workplace and understanding the business requirements of our clients are key.

Koep has an established and experienced employment law practice. The Firm has been involved in several reported Labour Court judgements and resultant Supreme Court appeals, many of which have set a precedent in Namibian law and have been reported in the Namibian Law Reports. We have an excellent track record of dealing with labour and employment dispute resolution matters at all levels, starting with internal disciplinary hearings. We actively practise in matters that serve before the Office of the Labour Commissioner and regularly act in appeal and review matters in the Labour Court.

In addition, we frequently advise clients on non-litigious employment law matters relating to union negotiations, strikes and lock-outs, contract drafting, regulatory and compliance issues, retrenchment negotiations, commercial transactions with an impact on employees, and the drafting of labour contracts.

We advise multinational clients on the appointment and termination of executives, the restructuring of local operations, and the management and resolution of employee related disputes.

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Shipping & Admiralty Law

Koep is a key role player in shipping and admiralty law, advising international and local clients on a variety of matters, from everyday contracts to major incident emergency responses.

With one of the largest maritime practices in the field, we provide advice that is commercially minded, based on our international experience.

We provide a full range of legal services to the maritime industry, advising our clients on bills of lading, cargo and logistics, casualty, charterparty, foreclosures, ports, import and export, and vessel registration and flagging requirements. Our reputation for international financial expertise and our commercial approach attract clients from across the sector, including major shipowners, charterers, ship managers, P&I and FD&D insurers, investors, banks and other financiers with substantial shipping portfolios.

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Construction Disputes

Koep represents some of the largest construction firms in Namibia, providing advice on regulatory issues and assistance with building disputes, among others.

Furthermore, we act for various corporate entities and natural persons in building disputes within Namibia, and for the Namibian Institute of Architects. The Firm regularly works with matters concerning the interpretation and implementation of the Agreement and Schedule of Building Contract “White Form” agreement, ACEN Model Form Agreement and FIDIC agreements.

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Criminal Law

The Firm has defended accused persons in both simple and complex commercial crimes and has acted on instructions to oppose preservation and forfeiture applications brought under the provisions of the Prevention of Organised Crime Act 29 of 2004.

We have also assisted complainants in initiating proceedings under the Criminal Procedure Act 51 of 1977 and the Anti-Corruption Act 8 of 2003.

We regularly receive instructions to represent persons and corporate entities during an enquiry under the Anti-Corruption Act 8 of 2003 and to advise on the initiation of complaints against alleged perpetrators by reporting criminal conduct to the Namibian Police and the Anti-Corruption Commission. We have an established working relationship with senior officers of the Namibian Police.

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Banking Recoveries

Koep acts for three of the four largest banking institutions in Namibia. We actively manage recovery instructions relating to defaults in a wide variety of loan agreements and credit facilities.

Our clients include: