Hochobeb v Dunn (1772 of 2013) [2018] NAHCMD 150 (7 June 2018)

The plaintiff lawfully acquired ownership of the property through a sale in execution and the defendant has no lawful basis to remain in occupation; allegations of conflict of interest and misrepresentation were not substantiated and do not bar eviction.

Citation: [2018] NAHCMD 150
Parties: Plaintiff: Masilo Joshua Hochobeb; Defendant: Maureen Dunn
Court: High Court Main Division
Jurisdiction: Namibia
Judgment Date: 7 June 2018
Case Number: 1772 of 2013
Procedural Posture: Civil / Judgment After Trial
Outcome: judgment for the plaintiff
Legal Topics: Eviction, Sale in Execution, Conflict of Interest, Ownership Transfer
Source Language: English

Property Law Civil Procedure Eviction Sale in Execution Conflict of Interest Ownership Transfer

Case Brief

Summary, issues, holding and outcome

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Parties

Masilo Joshua Hochobeb

Plaintiff

Maureen Dunn

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

1 Whether the plaintiff lawfully acquired ownership of the property through a sale in execution
2 Whether the defendant's allegations of conflict of interest and misrepresentation by the plaintiff bar eviction
3 Whether the defendant is entitled to remain in occupation pending rescission proceedings

Ratio Decidendi

Court Disposition

judgment for the plaintiff

Orders

The defendant and all her dependants are evicted from Erf 117, Ichaboe Street, Rocky Crest, Windhoek, Republic of Namibia, with costs.