[47] Taking into account all the facts of the matter and the evidence as a whole, I am satisfied that the defendants have managed, on a balance of probabilities, to prove that they have acquired a usufruct from the plaintiff, albeit unregistered to settle and remain with their belongings on the farm permanently. It will be inequitable and unfair to them if ordered to vacate the farm as requested by the plaintiff. [48] In the result, I make the following order: (i) The claim is refused. plaintiff’s (ii) The counterclaim (alternative claim) succeeds. defendant’s (iii) Each party to pay own costs. _______________________ E P Unengu Acting Judge APPEARANCES PLAINTIFF: A Denk Instructed by Hengari, Kangueehi & Kavendjii Inc, Windhoek. DEFENDANTS: G Narib Instructed by Conradie & Damaseb, Windhoek.
[47] Taking into account all the facts of the matter and the evidence as a whole, I am satisfied that the defendants have managed, on a balance of probabilities, to prove that they have acquired a usufruct from the plaintiff, albeit unregistered to settle and remain with their belongings on the farm permanently. It will be inequitable and unfair to them if ordered to vacate the farm as requested by the plaintiff. [48] In the result, I make the following order: (i) The plaintiff’s claim is refused. (ii) The defendant’s counterclaim (alternative claim) succeeds. (iii) Each party to pay own costs. _______________________ E P Unengu Acting Judge APPEARANCES PLAINTIFF: A Denk Instructed by Hengari, Kangueehi & Kavendjii Inc, Windhoek. DEFENDANTS: G Narib Instructed by Conradie & Damaseb, Windhoek.