Bank Windhoek Limited and Another (HC-MD-CIV-ACT-CON- 1458 of 2020) [2021] NAHCMD 464 (6 October 2021)

The court accepted the execution debtors' proposal for a two-month grace period as a viable and less drastic alternative to immediate sale in execution, finding this fair to both parties and consistent with rule 108's equitable purpose.

Citation: [2021] NAHCMD 464
Parties: Plaintiff: Bank Windhoek Limited; 1st Defendant: Emmarentia Nanette Irion; 2nd Defendant: Tabby Mtshiya-Moyo
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 6 October 2021
Case Number: HC-MD-CIV-ACT-CON- 1458 of 2020
Procedural Posture: Civil Action Contract / Judgment on Rule 108 Application
Outcome: property declared specially executable; execution suspended for two months; costs awarded
Legal Topics: Judicial Oversight, Special Execution, Rule 108, Pacta Sunt Servanda, Sale in Execution, Alternatives to Execution
Source Language: English

Civil Procedure Contract Law Judicial Oversight Special Execution Rule 108 Pacta Sunt Servanda Sale in Execution Alternatives to Execution

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Parties

Bank Windhoek Limited

Plaintiff

Emmarentia Nanette Irion

1st Defendant

Tabby Mtshiya-Moyo

2nd Defendant

Procedural Posture

Civil Action Contract / Judgment on Rule 108 Application

Legal Issues

1 Whether the property should be declared specially executable under rule 108
2 Whether viable and less drastic alternatives to sale in execution exist

Ratio Decidendi

Court Disposition

property declared specially executable; execution suspended for two months; costs awarded

Orders

Erf No: 259, Elisenheim, Windhoek declared specially executable
Execution of the order suspended for two months