Geingos v Namundjebo (3511 of 2009) [2012] NAHC 246 (18 September 2012)

A verbal agreement for the sale of immovable property is void and unenforceable; defendant's occupation is unlawful and transfer cannot be ordered without a written contract.

Citation: [2012] NAHC 246
Parties: Plaintiff: Brigitte Geingos; Defendant: Martha Namundjebo
Court: High Court
Jurisdiction: Namibia
Judgment Date: 18 September 2012
Case Number: 3511 of 2009
Procedural Posture: Civil / Judgment
Outcome: Defendant ejected from property; counterclaim dismissed; defendant to pay costs including one instructing and one instructed counsel.
Legal Topics: Eviction, Transfer of Property, Verbal Agreements, Estate Administration
Source Language: English

Property Law Succession Law Contract Law Eviction Transfer of Property Verbal Agreements Estate Administration

Case Brief

Summary, issues, holding and outcome

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Parties

Brigitte Geingos

Plaintiff

Martha Namundjebo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defendant has a lawful right to occupy Erf 159, Tsumeb
2 Whether a verbal agreement for sale of immovable property is enforceable
3 Whether the plaintiff must transfer ownership of the property to the defendant

Ratio Decidendi

A verbal agreement for the sale of immovable property is void and unenforceable; defendant's occupation is unlawful and transfer cannot be ordered without a written contract.

Court Disposition

Defendant ejected from property; counterclaim dismissed; defendant to pay costs including one instructing and one instructed counsel.

Orders

Defendant is ejected from Erf 159, Tsumeb, Republic of Namibia.
Defendant's counterclaim is dismissed.