Kandjima and Another v Karero (APPEAL 78 of 2011) [2011] NAHC 239 (9 August 2011)

Kandjima and Another v Karero (APPEAL 78 of 2011) [2011] NAHC 239 (9 August 2011)

Applicants, as church members, had undisturbed and peaceable possession of the church for religious activities, and the respondent unlawfully deprived them of this possession without lawful authority; thus, applicants are entitled to mandament van spolie.

Citation
[2011] NAHC 239
Parties
First Applicant: Anton Kazaronda Kandjima; Second Applicant: Immanuel Hekemo; Respondent: David Kakero
Court
High Court
Jurisdiction
Namibia
Judgment Date
9 August 2011
Case Number
APPEAL 78 of 2011
Procedural Posture
Application / Judgment After Hearing on Return of Rule Nisi
Outcome
Rule nisi confirmed; application granted.
Legal Topics
Mandament Van Spolie, Possession, Church Property, Constitutional Rights
Source Language
English
Civil Procedure Property Law Constitutional Law Mandament Van Spolie Possession Church Property Constitutional Rights

Case Brief

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Parties

Anton Kazaronda Kandjima

First Applicant

Immanuel Hekemo

Second Applicant

David Kakero

Respondent

Procedural Posture

Application / Judgment After Hearing on Return of Rule Nisi

Legal Issues

  1. 1 Whether applicants were in undisturbed and peaceable possession of the church building
  2. 2 Whether respondent unlawfully deprived applicants of possession
  3. 3 Whether applicants are entitled to mandament van spolie

Ratio Decidendi

Applicants, as church members, had undisturbed and peaceable possession of the church for religious activities, and the respondent unlawfully deprived them of this possession without lawful authority; thus, applicants are entitled to mandament van spolie.

Court Disposition

Rule nisi confirmed; application granted.

Orders

  • Respondent must restore to applicants their right of access to and use of the church building at Erf 2386, Ferdinand Menjengua Street, Katutura, Windhoek.
  • Respondent must pay applicants' costs on a party and party scale, including costs for one instructing and one instructed counsel.