Uushona v Iipinge (474 of 2007) [2011] NAHC 195 (6 July 2011)

Uushona v Iipinge (474 of 2007) [2011] NAHC 195 (6 July 2011)

The plaintiff failed to prove that the defendant was guilty of malicious desertion; instead, the evidence established that the plaintiff was the deserter and the defendant was entitled to a divorce and division of property.

Citation
[2011] NAHC 195
Parties
Plaintiff: Naboth Uushona; Defendant: Elina Iipinge
Court
High Court
Jurisdiction
Namibia
Judgment Date
6 July 2011
Case Number
474 of 2007
Procedural Posture
Divorce / Judgment
Outcome
Plaintiff's claim dismissed; defendant's counterclaim for divorce granted.
Legal Topics
Divorce, Matrimonial Property, Malicious Desertion, Forfeiture of Benefits
Source Language
English
Family Law Divorce Matrimonial Property Malicious Desertion Forfeiture of Benefits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Naboth Uushona

Plaintiff

Elina Iipinge

Defendant

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the plaintiff or defendant is guilty of malicious desertion
  2. 2 Entitlement to restitution of conjugal rights or divorce
  3. 3 Division and forfeiture of matrimonial property

Ratio Decidendi

The plaintiff failed to prove that the defendant was guilty of malicious desertion; instead, the evidence established that the plaintiff was the deserter and the defendant was entitled to a divorce and division of property.

Court Disposition

Plaintiff's claim dismissed; defendant's counterclaim for divorce granted.

Orders

  • Plaintiff’s action for restitution of conjugal rights refused.
  • Decree of divorce awarded to the defendant.