Hengari v Hengari (CRIMINAL 6 of 2011) [2011] NAHC 19 (4 February 2011)

Hengari v Hengari (CRIMINAL 6 of 2011) [2011] NAHC 19 (4 February 2011)

There is no evidence of the defendant's mental illness before the court; the proceedings leading to the default maintenance order were proper and the order is confirmed.

Citation
[2011] NAHC 19
Parties
Complainant: Jogbeth V. Hengari; Defendant: Rikondja F. Hengari
Court
High Court
Jurisdiction
Namibia
Judgment Date
4 February 2011
Case Number
CRIMINAL 6 of 2011
Procedural Posture
Special Review / Judgment
Outcome
Default maintenance order confirmed.
Legal Topics
Maintenance Orders, Emoluments Attachment, Default Judgment, Mental Illness and Procedure
Source Language
English
Family Law Maintenance Maintenance Orders Emoluments Attachment Default Judgment Mental Illness and Procedure

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Parties

Jogbeth V. Hengari

Complainant

Rikondja F. Hengari

Defendant

Procedural Posture

Special Review / Judgment

Legal Issues

  1. 1 Whether the default maintenance order should be set aside due to alleged mental illness of the defendant
  2. 2 Whether pension/annuity can be attached for maintenance under the Maintenance Act

Ratio Decidendi

There is no evidence of the defendant's mental illness before the court; the proceedings leading to the default maintenance order were proper and the order is confirmed.

Court Disposition

Default maintenance order confirmed.

Orders

  • The default maintenance order is confirmed.
  • The matter is returned to the Maintenance Office, Gobabis Magistrate’s Court to act as provided for by the Act so that the minor children can get their dues appropriately.