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Namibia decisions
Decisions matching the current search
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.
Moodley v Mahoshi (HC-MD-CIV-ACT-CON- 1500 of 2022) [2022] NAHCMD 543 (10 October 2022)
The High Court granted summary judgment ejecting the defendant from the property, finding no bona fide defence and rejecting reliance on side agreements.
Kamwi and Another v Gertze and Another (HC-MD-CIV-ACT-CON- 2706 of 2021) [2021] NAHCMD 572 (7 December 2021)
Summary judgment was granted for the unpaid balance of a deposit under a sale of immovable property, with interest and costs.
Neis v Kasuma (1) [2020] NAHCMD 320 (30 July 2020)
High Court ruling on absolution from the instance: claim of undue influence failed, but the alleged agreement to provide N$2 million survived to trial.
Watani Farming CC v Usakos Town Council (HC-MD-CIV-ACT-CON 4679 of 2017) [2020] NAHCMD 83 (9 March 2020)
The Deed of Sale is valid and operative; none of the suspensive conditions were triggered, and the plaintiff is entitled to specific performance upon payment of the purchase price with interest.
Source excerpt
Enkali v Kahuure and Others (3099 of 2015) [2019] NAHCMD 264 (31 July 2019)
The plaintiff failed to prove entitlement to eviction on a balance of probabilities. The first defendant's version of lawful purchase and occupation was credible, corroborated by independent evidence, and consistent with probabilities. The sale agreement was valid and exempt from stamp duty. The plaintiff's objections were procedurally improper and lacked merit. The defendant is entitled to transfer of the property.
Source excerpt
Hamutenya and Another v Kuvare and Another (2609 of 2011) [2012] NAHC 218 (3 August 2012)
The High Court of Namibia ordered specific performance of a property sale, finding the plaintiffs had not breached the deed of sale and the defendant's cancellation was unjustified.
Ashipala v Nashilongo and Another (3583 of 2007) [2011] NAHC 225 (28 July 2011)
The High Court of Namibia ordered specific performance of a property sale after finding the buyer had paid the full price and the seller failed to prove impossibility.
UNI-SIGNAL v Strydom (CA 7 of 1993) [1993] NAHC 7 (15 September 1993)
High Court appeal on a land sale after auction: the court held the post-auction price increase took the deal outside auction-sale exemption, but upheld the oral possession agreement.
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