marriage or living together. Defendant gave evidence and showed that plaintiff had refused to consummate the marriage. ORDER The marriage contracted by the parties on the 28 October 2011 at Outapi Magistrate Court is nullified; All the benefits which accrued to the parties as a result of this marriage are cancelled as being of no force or effect. Each party must pay its own costs. JUDGMENT CHEDA J: [1] On the 2nd September 2016, an action for divorce proceedings was instituted by plaintiff through Messrs Dr. Weder, Kauta & Hoveka Inc. in particulars Ms Kishi against defendant. Plaintiff is a Chinese national and a businessman in Okahao, Omusati Region, Namibia, while defendant is an adult lady presently a student at Hifikepunye Pohamba Campus of the University of Namibia residing in Ongwediva, Oshana Region, Namibia. [2] The parties were joined in matrimony on the 28 October 2011 at Outapi, Omusati Region by a Magistrate. The said marriage was out of community of property and it still subsists. There were no children born out of this union and no property was acquired during its existence. [3] Plaintiff listed the following as grounds for divorce being that: the defendant has refused the plaintiff conjugal rights; ‘ 1.
marriage or living together. Defendant gave evidence and showed that plaintiff had refused to consummate the marriage. ORDER The marriage contracted by the parties on the 28 October 2011 at Outapi Magistrate Court is nullified; All the benefits which accrued to the parties as a result of this marriage are cancelled as being of no force or effect. Each party must pay its own costs. JUDGMENT CHEDA J: [1] On the 2nd September 2016, an action for divorce proceedings was instituted by plaintiff through Messrs Dr. Weder, Kauta & Hoveka Inc. in particulars Ms Kishi against defendant. Plaintiff is a Chinese national and a businessman in Okahao, Omusati Region, Namibia, while defendant is an adult lady presently a student at Hifikepunye Pohamba Campus of the University of Namibia residing in Ongwediva, Oshana Region, Namibia. [2] The parties were joined in matrimony on the 28 October 2011 at Outapi, Omusati Region by a Magistrate. The said marriage was out of community of property and it still subsists. There were no children born out of this union and no property was acquired during its existence. [3] Plaintiff listed the following as grounds for divorce being that: ‘ 1. the defendant has refused the plaintiff conjugal rights;