Jaspert v Siepker (670 of 2012) [2013] NAHCMD 267 (30 September 2013)

Jaspert v Siepker (670 of 2012) [2013] NAHCMD 267 (30 September 2013)

The plaintiff failed to prove that the adultery caused the breakdown of the marriage or loss of consortium; damages are strictly confined to contumelia. The defendant is liable for N$10,000 in damages for contumelia only.

Citation
[2013] NAHCMD 267
Parties
Plaintiff: Michael Hans Walter Jaspert; Defendant: Eugene Bernard Johan Siepker
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
30 September 2013
Case Number
670 of 2012
Procedural Posture
Civil / Judgment
Outcome
Plaintiff awarded damages for contumelia only; claim for loss of consortium dismissed.
Legal Topics
Adultery, Damages, Loss of Consortium, Contumelia
Source Language
English
Family Law Delict Adultery Damages Loss of Consortium Contumelia

Case Brief

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Parties

Michael Hans Walter Jaspert

Plaintiff

Eugene Bernard Johan Siepker

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for damages for adultery and loss of consortium under actio iniuria.
  2. 2 Whether the plaintiff suffered loss of consortium as a result of the defendant's conduct.
  3. 3 Assessment of damages for contumelia.

Ratio Decidendi

The plaintiff failed to prove that the adultery caused the breakdown of the marriage or loss of consortium; damages are strictly confined to contumelia. The defendant is liable for N$10,000 in damages for contumelia only.

Court Disposition

Plaintiff awarded damages for contumelia only; claim for loss of consortium dismissed.

Orders

  • Defendant to pay plaintiff N$10,000 in damages.
  • Interest at 20% per annum from date of judgment until payment in full.