Hamutenya and Another v Kuvare and Another (2609 of 2011) [2012] NAHC 218 (3 August 2012)

Hamutenya and Another v Kuvare and Another (2609 of 2011) [2012] NAHC 218 (3 August 2012)

The plaintiffs complied with all their obligations under the deed of sale, and any delay in transfer was due to the defendant's failure to fulfill his obligations. The defendant's cancellation of the agreement was unjustified, and the plaintiffs are entitled to specific performance and costs on an attorney and own client scale.

Citation
[2012] NAHC 218
Parties
Plaintiff: Lazarus Nghifengali Hamutenya; Plaintiff: Magrieta Sakaria; Defendant: Jasuva Kuvare; Defendant: National Housing Enterprise
Court
High Court
Jurisdiction
Namibia
Judgment Date
3 August 2012
Case Number
2609 of 2011
Procedural Posture
Civil / Judgment After Trial
Outcome
judgment for the plaintiffs
Legal Topics
Specific Performance, Sale of Immovable Property, Breach of Contract, Transfer of Property, Remedies for Breach
Source Language
English
Contract Law Property Law Specific Performance Sale of Immovable Property Breach of Contract Transfer of Property Remedies for Breach

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Parties

Lazarus Nghifengali Hamutenya

Plaintiff

Magrieta Sakaria

Plaintiff

Jasuva Kuvare

Defendant

National Housing Enterprise

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiffs breached the agreement thus entitling the defendant to cancel the agreement
  2. 2 Whether the plaintiffs are entitled to specific performance of the deed of sale

Ratio Decidendi

The plaintiffs complied with all their obligations under the deed of sale, and any delay in transfer was due to the defendant's failure to fulfill his obligations. The defendant's cancellation of the agreement was unjustified, and the plaintiffs are entitled to specific performance and costs on an attorney and own client scale.

Court Disposition

judgment for the plaintiffs

Orders

  • Second defendant to transfer the property to first defendant; first defendant to take all necessary steps within 10 days, including paying transfer costs, to transfer the property to plaintiffs; failing which, deputy sheriff to act as necessary.
  • Second defendant to transfer to first defendant against payment of transfer costs and outstanding loan by plaintiffs within 10 days; failing which, deputy sheriff to act as necessary.