Mavara and Another v Shapwa (HC-MD-CIV-MOT-GEN 181 of 2021) [2021] NAHCMD 603 (10 June 2021)

Mavara and Another v Shapwa (HC-MD-CIV-MOT-GEN 181 of 2021) [2021] NAHCMD 603 (10 June 2021)

The application was dismissed because urgency was self-created, no valid appeal was noted to stay execution, and the eviction was lawfully executed by the deputy-sheriff under a court order. Non-joinder of the deputy-sheriff was not fatal given the merits and overriding objectives of the rules.

Citation
[2021] NAHCMD 603
Parties
First Applicant: Shikongo Mavara; Second Applicant: Emilie Shinkeva; Respondent: Alisa Shapwa
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
10 June 2021
Case Number
HC-MD-CIV-MOT-GEN 181 of 2021
Procedural Posture
Urgent Spoliation Application / Judgment
Outcome
application dismissed with costs
Legal Topics
Spoliation, Urgency, Non Joinder, Execution of Judgments, Appeals
Source Language
English
Civil Procedure Property Law Spoliation Urgency Non Joinder Execution of Judgments Appeals

Case Brief

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Parties

Shikongo Mavara

First Applicant

Emilie Shinkeva

Second Applicant

Alisa Shapwa

Respondent

Procedural Posture

Urgent Spoliation Application / Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to a spoliation order restoring possession of the property
  2. 2 Whether the application is urgent or urgency is self-created
  3. 3 Whether non-joinder of the deputy-sheriff and police is fatal to the application

Ratio Decidendi

The application was dismissed because urgency was self-created, no valid appeal was noted to stay execution, and the eviction was lawfully executed by the deputy-sheriff under a court order. Non-joinder of the deputy-sheriff was not fatal given the merits and overriding objectives of the rules.

Court Disposition

application dismissed with costs

Orders

  • Applicants’ non-compliance with the forms and services as provided for in the Rules of the High Court of Namibia and hearing this application as a matter of urgency is refused.
  • The application is dismissed.