by both counsel in the pleadings and the heads of argument as the court’s ‘foreign order’ in the interest of consistency, I will follow this mode of reference. – [7] I will now turn to the case currently under my scrutiny and for determination in this court. [8] The prayers in the plaintiff’s particulars of claim asks this court for the following relief: Prayer 1: To make the order of the District Court of Linn County, Kansas, United States an order of the High Court of Namibia. Prayer 2: To issue an order whereby defendant forfeits the benefits derived from a marriage concluded in community of property, alternatively division of the joint estate. Prayer 3 To make an order that a liquidator be appointed to determine the joint estate as at 1 December 2011; Prayer 4: To make an order that the said liquidator shall distribute the joint estate, once determined, in equal portions between the parties; alternatively, once the liquidator found that the defendant disposed of certain assets, that defendant be ordered to pay to plaintiff half the value of such assets disposed of, or half the proceeds of such disposed assets.
by both counsel in the pleadings and the heads of argument as the ‘foreign court’s order’ – in the interest of consistency, I will follow this mode of reference. [7] I will now turn to the case currently under my scrutiny and for determination in this court. [8] The prayers in the plaintiff’s particulars of claim asks this court for the following relief: Prayer 1: To make the order of the District Court of Linn County, Kansas, United States an order of the High Court of Namibia. Prayer 2: To issue an order whereby defendant forfeits the benefits derived from a marriage concluded in community of property, alternatively division of the joint estate. Prayer 3 To make an order that a liquidator be appointed to determine the joint estate as at 1 December 2011; Prayer 4: To make an order that the said liquidator shall distribute the joint estate, once determined, in equal portions between the parties; alternatively, once the liquidator found that the defendant disposed of certain assets, that defendant be ordered to pay to plaintiff half the value of such assets disposed of, or half the proceeds of such disposed assets.