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Namibia Case Law

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Family-law [2022] NAHCMD 610

Naanda v Fredrik (HC-MD-CIV-ACT-CON- 4242 of 2018)

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.

  • Married-persons-equality-act
  • Sale-of-immovable-property
  • Consent-in-community-of-property
  • Deeds-registries-act
  • Formalities-in-respect-of-contracts-of-sale-of-land
  • Spousal-consent
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Property-law [2022] NAHCMD 543

Moodley v Mahoshi (HC-MD-CIV-ACT-CON- 1500 of 2022)

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.

  • Ejectment
  • Summary-judgment
  • Sale-of-immovable-property
  • Bona-fide-defence
  • Immovable-property
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Contract-law [2021] NAHCMD 572

Kamwi and Another v Gertze and Another (HC-MD-CIV-ACT-CON- 2706 of 2021)

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.

  • Summary-judgment
  • Sale-of-immovable-property
  • Liquid-document
  • Costs
  • Joinder
  • Apportionment-of-damages
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Contract-law [2020] NAHCMD 320

Neis v Kasuma (1)

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.

  • Absolution-from-the-instance
  • Undue-influence
  • Prima-facie-case
  • Sale-of-immovable-property
  • Civil-procedure
  • Immovable-property-sale
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Contract-law [2012] NAHC 218

Hamutenya and Another v Kuvare and Another (2609 of 2011)

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.

  • Specific-performance
  • Sale-of-immovable-property
  • Breach-of-contract
  • Transfer-of-property
  • Remedies-for-breach
  • Immovable-property-sale
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Contract-law [2011] NAHC 225

Ashipala v Nashilongo and Another (3583 of 2007)

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.

  • Specific-performance
  • Sale-of-immovable-property
  • Impossibility-of-performance
  • Joinder-of-parties
  • Property-transfer
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Contract-law [1993] NAHC 7

UNI-SIGNAL v Strydom (CA 7 of 1993)

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.

  • Sale-of-immovable-property
  • Public-auction
  • Oral-agreements
  • Parol-evidence-rule
  • Statutory-formalities
  • Oral-agreement
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.