L S v O S (HC-MD-CIV-ACT-MAT 1720 of 2019) [2020] NAHCMD 520 (13 November 2020)

L S v O S (HC-MD-CIV-ACT-MAT 1720 of 2019) [2020] NAHCMD 520 (13 November 2020)

The plaintiff failed to prove that the defendant's contribution to the joint estate was insignificant or negligible, and did not establish exceptional circumstances justifying specific forfeiture. The evidence showed the defendant contributed to the joint estate, albeit not equally. Therefore, the claim for specific forfeiture was dismissed and the joint estate is to be divided equally, except as per partial settlement.

Citation
[2020] NAHCMD 520
Parties
Plaintiff: L L A B S; Defendant: O S
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
13 November 2020
Case Number
HC-MD-CIV-ACT-MAT 1720 of 2019
Procedural Posture
Divorce / Final Judgment
Outcome
plaintiff partially successful
Legal Topics
Divorce, Forfeiture of Benefits, Division of Joint Estate, Adultery, Custody of Children, Costs
Source Language
English
Family Law Divorce Forfeiture of Benefits Division of Joint Estate Adultery Custody of Children Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

L L A B S

Plaintiff

O S

Defendant

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the defendant committed adultery
  2. 2 Whether the plaintiff is entitled to a specific forfeiture order in respect of immovable properties

Ratio Decidendi

The plaintiff failed to prove that the defendant's contribution to the joint estate was insignificant or negligible, and did not establish exceptional circumstances justifying specific forfeiture. The evidence showed the defendant contributed to the joint estate, albeit not equally. Therefore, the claim for specific forfeiture was dismissed and the joint estate is to be divided equally, except as per partial settlement.

Court Disposition

plaintiff partially successful

Orders

  • Plaintiff’s claim for specific forfeiture in respect of the immovable properties is dismissed.
  • The bonds of marriage between the plaintiff and defendant are dissolved.