Neis v Kasuma (1) [2020] NAHCMD 320 (30 July 2020)

Neis v Kasuma (1) [2020] NAHCMD 320 (30 July 2020)

The plaintiff failed to make out a prima facie case on the issue of undue influence, as there was no credible or sufficient evidence to support the claim. However, the plaintiff did make out a prima facie case regarding the alleged agreement that the first defendant would pay the purchase price and also give N$2,000,000 to the plaintiff to buy another house, requiring an answer from the defendants.

Citation
[2020] NAHCMD 320
Parties
Plaintiff: Elizabeth Neis; 1st Defendant: Kenneth Thiongo Kasuma; 2nd Defendant: Josephina Kwalimushe Amutse
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
30 July 2020
Procedural Posture
Civil Action Contract / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Partial absolution granted; claim of undue influence dismissed, claim regarding agreement for N$2,000,000 to continue to trial.
Legal Topics
Absolution From the Instance, Undue Influence, Prima Facie Case, Sale of Immovable Property
Source Language
English
Contract Law Civil Procedure Absolution From the Instance Undue Influence Prima Facie Case Sale of Immovable Property

Case Brief

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Parties

Elizabeth Neis

Plaintiff

Kenneth Thiongo Kasuma

1st Defendant

Josephina Kwalimushe Amutse

2nd Defendant

Procedural Posture

Civil Action Contract / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff was unduly influenced to sell her house to the defendants
  2. 2 Whether there was an agreement that the first defendant would pay the purchase price and also give N$2,000,000 to the plaintiff to buy another house

Ratio Decidendi

The plaintiff failed to make out a prima facie case on the issue of undue influence, as there was no credible or sufficient evidence to support the claim. However, the plaintiff did make out a prima facie case regarding the alleged agreement that the first defendant would pay the purchase price and also give N$2,000,000 to the plaintiff to buy another house, requiring an answer from the defendants.

Court Disposition

Partial absolution granted; claim of undue influence dismissed, claim regarding agreement for N$2,000,000 to continue to trial.

Orders

  • Absolution from the instance regarding the claim of undue influence is granted.
  • Absolution from the instance regarding the agreement for N$2,000,000 is refused.