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Namibia decisions
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Kalunga v Haimbodi (HC-NLD-CIV-ACT-DEL 96 of 2022) [2022] NAHCNLD 121 (10 November 2022)
The first defendant has raised triable issues of fact regarding her rights and expectations to the land and homestead, and is not an outsider to the property. Therefore, summary judgment is refused to allow both parties to present their cases.
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Naanda v Fredrik (HC-MD-CIV-ACT-CON- 4242 of 2018) [2022] NAHCMD 610 (8 November 2022)
The High Court held that a sale of jointly owned immovable property by one spouse without the other’s consent was void, as the buyer failed to make reasonable enquiries.
Homba v Homba (HC-MD-CIV-ACT-MAT 3719 of 2021) [2022] NAHCMD 600 (3 November 2022)
A final order of divorce is appropriate and necessary where a protection order exists prohibiting contact between the parties, as ordering restitution of conjugal rights would contradict the protection order and potentially expose parties to harm or criminal liability.
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Kahuure v Kahuure (HC-MD-CIV-ACT-MAT 5144 of 2020) [2022] NAHCMD 596 (1 November 2022)
The High Court granted leave to amend pleadings in a matrimonial dispute about whether the marriage was in or out of community of property.
Shipoke v Shipoke (HC-MD-CIV-ACT-MAT 161 of 2022) [2022] NAHCMD 550 (13 October 2022)
The High Court struck a defendant’s interlocutory application from the roll because the relief sought was incompetent and did not seek to set aside an existing agreed statement of facts.
Hamunyela v Naphtali (HC-MD-CIV-ACT-MAT 1518 of 2021) [2022] NAHCMD 522 (29 September 2022)
The High Court dissolved the marriage, refused spousal maintenance, declined a specific forfeiture order, made the settlement agreement an order, and divided the joint estate.
Shipena v Itembu (HC-NLD-CIV-APP-AMC 2 of 2020) [2022] NAHCNLD 77 (15 August 2022)
The High Court upheld an appeal against a guardianship order made without hearing the father, stressing audi alteram partem and the child’s best interests.
Nanjemba v Nanjemba (HC-MD-CIV-ACT-MAT 3603 of 2017) [2022] NAHCMD 407 (12 August 2022)
The High Court found the spouses were joint owners of the house, rejected rectification of the deed, terminated co-ownership, and ordered sale and equal division.
Standard Bank Namibia Limited v Ntinda (HC-MD-CIV-ACT-CON- 4862 of 2021) [2022] NAHCMD 283 (8 June 2022)
The declaration to be married in community of property can be made on the same day as the marriage, and the defendants held themselves out as such to the plaintiff; summary judgment is granted against second defendant.
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Amutenja v Amutenja (HC-MD-CIV-ACT-OTH- 2282 of 2019) [2022] NAHCMD 264 (27 May 2022)
The High Court dismissed a spouse’s forfeiture claim over jointly owned property, finding unequal contribution alone did not make the benefit undue, and ordered termination of co-ownership.
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