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Namibia decisions
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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.
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.
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.
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.
Khaiseb v Khaiseb (HC-MD-CIV-ACT-MAT 4327 of 2020) [2022] NAHCMD 106 (10 March 2022)
In a divorce dispute, the High Court dismissed the wife’s claim, granted the husband restitution of conjugal rights, and ordered a general forfeiture of benefits.
F A K v I K (HC-MD-CIV-ACT-MAT 2160 of 2020) [2022] NAHCMD 57 (15 February 2022)
The plaintiff failed to prove exceptional circumstances justifying a specific forfeiture order, as evidence showed the defendant contributed to the joint estate, albeit not equally. Therefore, the default position of equal division applies.
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CJS v CS (SA 32 of 2021) [2021] NASC 40 (15 October 2021)
The Supreme Court of Namibia dismissed a father’s appeal over custody and relocation, holding it was in the child’s best interests to live with the mother in Stellenbosch.
Griebel v Griebel (HC-MD-CIV-ACT-MAT 425 of 2021) [2021] NAHCMD 413 (14 September 2021)
The High Court granted the wife interim maintenance in a divorce dispute, but deferred her costs contribution request for further detail.
Howard v Howard (HC-MD-CIV-MOT-GEN 50 of 2020) [2021] NAHCMD 366 (10 August 2021)
The applicant complied with the settlement agreement by transferring properties and offering to pay the cash shortfall; hybrid performance is permissible as the intention was to enrich the respondent's estate to the agreed amount. No genuine disputes of fact exist, and the respondent's preference for cash is not determinative.
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