№ files_lp_3_process_9_77628
High Court judgment addressing divorce, restitution of conjugal rights, specific forfeiture of benefits in a marriage in community of property, and the legal status of improvements on customary land within the joint estate.
Country: Republic of Namibia
Court: High Court of Namibia, Main Division, Windhoek
Case Number: I 402/2014
Neutral Citation: W W B v Johannes Aipanda N O (I 402/2014) [2018] NAHCMD 22
Parties: W W B (Plaintiff) v Johannes Aipanda N.O (Defendant)
Judge: PRINSLOO J
Dates Heard: 07 July 2017; 25 September 2017; 31 October 2017; 08 November 2017
Date Delivered: 07 February 2018
Date of Reasons: 09 February 2018
Type of Document: High Court judgment (divorce proceedings)
Subject Matter: Divorce; forfeiture of benefits; marriage in community of property; customary land rights; joint estate division
Relief Sought: Restitution of conjugal rights; divorce; custody of minor child; specific forfeiture of immovable property; declaration regarding improvements to traditional homestead
Key Legislation Considered: Divorce Laws Amendment Ordinance; Communal Land Reform Act 5 of 2002
Property Concerned: Erf 375, Ohima Street, Okuruyangava, Katutura, Windhoek; traditional homestead at Omahalya-Omape, Omusati Region
Outcome: Restitution of conjugal rights granted with conditional dissolution of marriage; specific forfeiture of urban immovable property granted to plaintiff; improvements at traditional homestead declared sole property of defendant; each party to bear own costs
Price: 8 / 10 USD
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