Preuss v Preuss and Others (799 of 2010) [2017] NAHCMD 2 (18 January 2017)

Preuss v Preuss and Others (799 of 2010) [2017] NAHCMD 2 (18 January 2017)

The plaintiff failed to establish a prima facie case for the existence of a tacit universal partnership, as his evidence was contradictory and did not prove the essential elements required by law. The law does not permit a universal partnership universorum bonorum between parties married out of community of property, and the plaintiff's claim was not supported by the evidence presented.

Citation
[2017] NAHCMD 2
Parties
Plaintiff: Arthur Rolf Preuss; 1st Defendant: Erika Preuss; 2nd Defendant: HAW Retailers CC t/a Ark Trading; 3rd Defendant: Claudia Properties CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
18 January 2017
Case Number
799 of 2010
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
application for absolution from the instance granted
Legal Topics
Absolution From the Instance, Universal Partnership, Marriage Out of Community of Property, Burden of Proof
Source Language
English
Civil Procedure Family Law Partnership Law Absolution From the Instance Universal Partnership Marriage Out of Community of Property Burden of Proof

Case Brief

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Parties

Arthur Rolf Preuss

Plaintiff

Erika Preuss

1st Defendant

HAW Retailers CC t/a Ark Trading

2nd Defendant

Claudia Properties CC

3rd Defendant

Procedural Posture

Civil / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether a tacit universal partnership existed between the plaintiff and first defendant during their marriage out of community of property
  2. 2 Whether the plaintiff established a prima facie case for the existence of a universal partnership
  3. 3 Whether the law permits a universal partnership between parties married out of community of property

Ratio Decidendi

The plaintiff failed to establish a prima facie case for the existence of a tacit universal partnership, as his evidence was contradictory and did not prove the essential elements required by law. The law does not permit a universal partnership universorum bonorum between parties married out of community of property, and the plaintiff's claim was not supported by the evidence presented.

Court Disposition

application for absolution from the instance granted

Orders

  • The application for absolution from the instance is granted.
  • Costs are awarded in favour of the first defendant, including costs of one instructing and two instructed counsel.