Marenga and Another v Tjikari (1841 of 2011) [2011] NAHC 317 (21 October 2011)

Marenga and Another v Tjikari (1841 of 2011) [2011] NAHC 317 (21 October 2011)

The respondent failed to disclose any bona fide defense or factual basis for her continued occupation of the property. The defense of lis alibi pendens was not properly established, as the parties and cause of action in the alleged pending case differ, and no evidence was provided. The applicants, as registered owners, are entitled to summary judgment and eviction.

Citation
[2011] NAHC 317
Parties
Applicant: Menason Marenga; Applicant: Rebekka Marenga; Respondent: Martha Mbaeva Tjikari
Court
High Court
Jurisdiction
Namibia
Judgment Date
21 October 2011
Case Number
1841 of 2011
Procedural Posture
Civil Summary Judgment Application / Ruling on Summary Judgment Application
Outcome
Summary judgment granted for the applicants.
Legal Topics
Summary Judgment, Rei Vindicatio, Lis Alibi Pendens, Eviction
Source Language
English
Civil Procedure Property Law Summary Judgment Rei Vindicatio Lis Alibi Pendens Eviction

Case Brief

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Parties

Menason Marenga

Applicant

Rebekka Marenga

Applicant

Martha Mbaeva Tjikari

Respondent

Procedural Posture

Civil Summary Judgment Application / Ruling on Summary Judgment Application

Legal Issues

  1. 1 Whether the applicants are entitled to summary judgment for eviction based on rei vindicatio.
  2. 2 Whether the respondent has disclosed a bona fide defense to resist summary judgment.
  3. 3 Whether the defense of lis alibi pendens is available to the respondent in the circumstances.

Ratio Decidendi

The respondent failed to disclose any bona fide defense or factual basis for her continued occupation of the property. The defense of lis alibi pendens was not properly established, as the parties and cause of action in the alleged pending case differ, and no evidence was provided. The applicants, as registered owners, are entitled to summary judgment and eviction.

Court Disposition

Summary judgment granted for the applicants.

Orders

  • The defendant and all family members occupying Erf 66/11 Trougout Handura Street, Katutura (Extension 4), Windhoek are evicted from the property.
  • The defendant is ordered to pay the applicants' costs of the action, including the costs of the summary judgment application, such costs to include one instructing and one instructed counsel.