NOT REPORTABLE REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 1468/2012 In the matter between: ALMA MIEZE (born KAVEZEPA) PLAINTIFF and PHILLIP MAANDERO MIEZE DEFENDANT (I 1468-2012) [2013] NAHCMD 181 (28 June 2013) Neutral citation: Mieze v Mieze UNENGU, AJ Heard: 8, 9 and 15 April 2013 Delivered: 28 June 2013 Flynote: Land occupation lease under the resettlement project of the – – Ministry of Lands and Resettlement in terms of section 41 (2) of the Agricultural (Commercial) Land Reform Act, 6 of 1995 lease becoming part of the joint estate – by virtue of marriage in community of property upon divorce of spouses, wife – cannot have the husband evicted from the Unit. Summary: The plaintiff is seeking and order in this Court for the eviction of the defendant from whom she had divorced, from a farming Unit she obtained from the Ministry of Lands and Resettlement through a resettlement project. The plaintiff and the defendant were married in community of property and took occupation of the property as a farming Unit for both of them. It is trite law that the right of occupation
NOT REPORTABLE REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 1468/2012 In the matter between: ALMA MIEZE (born KAVEZEPA) PLAINTIFF and PHILLIP MAANDERO MIEZE DEFENDANT Neutral citation: Mieze v Mieze (I 1468-2012) [2013] NAHCMD 181 (28 June 2013) UNENGU, AJ Heard: 8, 9 and 15 April 2013 Delivered: 28 June 2013 Flynote: Land – occupation – lease under the resettlement project of the Ministry of Lands and Resettlement in terms of section 41 (2) of the Agricultural (Commercial) Land Reform Act, 6 of 1995 – lease becoming part of the joint estate by virtue of marriage in community of property – upon divorce of spouses, wife cannot have the husband evicted from the Unit. Summary: The plaintiff is seeking and order in this Court for the eviction of the defendant from whom she had divorced, from a farming Unit she obtained from the Ministry of Lands and Resettlement through a resettlement project. The plaintiff and the defendant were married in community of property and took occupation of the property as a farming Unit for both of them. It is trite law that the right of occupation
Mieze%20v%20Mieze%20(I%201468-2012)%20[2013]%20NAHCMD%20181%20(28%20June%202013).docx