Namibia Case Law

Ayoub and Others v Januarie and Others; Bezuidenhout and Others v Mouton and Others (HC-MD-CIV-ACT-OTH-2017/02389; HC-MD-CIV-ACT-OTH-2020/03781)

Ayoub and Others v Januarie and Others; Bezuidenhout and Others v Mouton and Others (HC-MD-CIV-ACT-OTH-2017/02389; HC-MD-CIV-ACT-OTH-2020/03781) [2023] NAHCMD 589 (22 September 2023)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH-2017/02389 ; HC-MD-CIV-ACT-OTH-2020/03781

The redistribution agreement of 4 January 1986 was void ab initio as it did not constitute a lawful redistribution but a covert donation, and the executor had no power to transfer the farm to Clemens Bezuidenhout. All subsequent transfers, including to Charles Jacobus Cloete and Algene Michelle Mouton, were therefore void. Ownership of the farm remains with the estate of the late Christina Martina Bezuidenhout.

Source excerpt

• Intestate succession
• Redistribution agreements
• Validity of property transfers
• Eviction
• Administration of estates

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Stephanus v Kuutondokwa (HC-MD-CIV-ACT-OTH- 364 of 2020)

Stephanus v Kuutondokwa (HC-MD-CIV-ACT-OTH- 364 of 2020) [2022] NAHCMD 622 (16 November 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-OTH- 364 of 2020

The High Court granted absolution from the instance after the plaintiff failed to show a legal right or interest supporting declaratory relief about the making of a will.

• Absolution from the instance
• Declaratory orders
• Jurisdiction
• Testamentary capacity
• Absolution-from-the-instance
• Declaratory-relief

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August 26 Holdings (Pty) Ltd and Others v Broad–Based Network and Others (HC-MD-CIV-ACT-CON- 4219 of 2020)

August 26 Holdings (Pty) Ltd and Others v Broad–Based Network and Others (HC-MD-CIV-ACT-CON- 4219 of 2020) [2022] NAHCMD 249 (18 May 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-ACT-CON- 4219 of 2020

The High Court refused substitution of a deceased defendant’s executor and removed the executor, holding that a warrant and fugitive status made him unsuitable.

• Substitution of parties
• Removal of executor
• Judicial notice
• Fugitive from justice
• Substitution-of-parties
• Removal-of-executor

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Sheng v The Master of the High Court and Others (HC-MD-CIV-MOT-GEN 291 of 2021)

Sheng v The Master of the High Court and Others (HC-MD-CIV-MOT-GEN 291 of 2021) [2022] NAHCMD 45 (11 February 2022)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 291 of 2021

Section 17(6) of the Native Administration Proclamation does not apply to the applicant and the deceased as neither were 'Natives' and there was no evidence they lived under the same conditions as Natives; therefore, their marriage is in community of property and the applicant is entitled to half of the deceased's estate.

Source excerpt

• Marital property regime
• Native administration proclamation
• Community of property
• Interpretation of statutes

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Smith & Another v Julia Esther Feris & Others (HC-MD-CIV-MOT-GEN 182 of 2020)

Smith & Another v Julia Esther Feris & Others (HC-MD-CIV-MOT-GEN 182 of 2020) [2021] NAHCMD 203 (5 May 2021)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 182 of 2020

The High Court dismissed an application over a disputed will, finding the applicants lacked locus standi and had failed to join a necessary party.

• Locus standi
• Non-joinder
• Testamentary trust
• Will validity
• Locus-standi
• Succession-law

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Campbell and Another v Master of High Court and Another (HC-MD-CIV-MOT-GEN 289 of 2020)

Campbell and Another v Master of High Court and Another (HC-MD-CIV-MOT-GEN 289 of 2020) [2021] NAHCMD 25 (4 February 2021)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 289 of 2020

The court held that there was substantial compliance with the Wills Act, the testator's intention was manifest, and the minor formal defect did not justify invalidating the Will. The Master's decision to partially accept and partially reject the Will was incorrect in law, and the 2017 Will should be declared valid and registered.

Source excerpt

• Validity of wills
• Substantial compliance doctrine
• Freedom of testation
• Revocation of wills
• Formal requirements for wills

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Gabriel v Nehemia and Others (HC-MD-CIV-MOT-GEN 367 of 2018)

Gabriel v Nehemia and Others (HC-MD-CIV-MOT-GEN 367 of 2018) [2019] NAHCMD 564 (6 December 2019)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-GEN 367 of 2018

The High Court held that customary law governed succession to the property and that the widow had no customary-law right to inherit it.

• Intestate succession
• Customary inheritance
• Matrilineal succession
• Rights of widows
• Setting aside property transfer
• Intestate-succession

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Damaseb v Minister of Land Reform and Others (HC-MD-CIV-MOT-REV 248 of 2017)

Damaseb v Minister of Land Reform and Others (HC-MD-CIV-MOT-REV 248 of 2017) [2019] NAHCMD 143 (10 May 2019)

Court

High Court Main Division

Case number

HC-MD-CIV-MOT-REV 248 of 2017

The Will of the deceased complied with the Wills Act and was valid. Leasehold rights were personal and did not form part of the joint estate. The assignment by the executrix to herself was invalid as it lacked ministerial approval. The Minister's withdrawal of the lease based on family disputes was unlawful. The applicant, as nominated in the Will, was entitled to have the lease assigned to him, subject to statutory procedure.

Source excerpt

• Validity of will
• Assignment of leasehold rights
• Joint estate
• Ministerial approval
• Usufruct
• Costs

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Brink N.O, and Another v Erongo All Sure Insurance cc and Others (69 of 2016)

Brink N.O, and Another v Erongo All Sure Insurance cc and Others (69 of 2016) [2018] NASC 393 (22 June 2018)

Court

Supreme Court

Case number

69 of 2016

The Supreme Court of Namibia held that an executrix and sole legatee could jointly litigate to protect a threatened inheritance right, and the pleadings disclosed a cause of action.

• Locus standi
• Exceptions to pleadings
• Simulated transactions
• Usufruct
• Estate administration
• Access to justice

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Egerer and Others v Executrust (Pty) Ltd and Others (SA 42 of 2016)

Egerer and Others v Executrust (Pty) Ltd and Others (SA 42 of 2016) [2018] NASC 5 (6 February 2018)

Court

Supreme Court

Case number

SA 42 of 2016

The Supreme Court of Namibia upheld the founder’s power to appoint additional trustees by will, but held special bequests from trust capital were invalid.

• Interpretation of trust deeds
• Testamentary powers
• Appointment of trustees
• Ultra vires acts
• Special bequests
• Costs orders

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