Namibia Case Law

Soltec CC v Swakopmund Super Spar (1) (Ruling on Application for Absolution from Instance) (I 160 of 2015)

Soltec CC v Swakopmund Super Spar (1) (Ruling on Application for Absolution from Instance) (I 160 of 2015) [2016] NAHCMD 159 (3 June 2016)

Court

High Court Main Division

Case number

I 160 of 2015

The High Court refused absolution from the instance, finding the plaintiff had made a prima facie case on an oral services contract.

• Absolution from the instance
• Oral contracts
• Locatio conductio operis
• Consensus ad idem
• Absolution-from-the-instance
• Oral-contracts

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Tjamuaha v Master of the High Court (APPEAL 314 of 2011)

Tjamuaha v Master of the High Court (APPEAL 314 of 2011) [2015] NAHCMD 245 (10 December 2015)

Court

High Court Main Division

Case number

APPEAL 314 of 2011

The redistribution agreement was invalid as the second respondent did not have consensus ad idem when signing, having not understood she was relinquishing her half share. The claim to set aside the agreement was vindicatory, not a debt, and thus not prescribed after three years. The second respondent is entitled to her half share in the joint estate. Neither the applicants nor the second respondent should be appointed as administrator due to acrimony; an independent administrator should be appointed by the President of the Law Society of Namibia.

Source excerpt

• Removal and appointment of trustee
• Validity of redistribution agreement
• Prescription (extinctive)
• Fideicommissum
• Curator ad litem for minors/unborn
• Consensus ad idem

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