they were married In Community of Property; they conducted their affairs as if they were so married in community of property; There was no reference of their marriage having been out community of property either by reference or operation of law; In order to prove the common understanding of their regime, plaintiff paid off her loan of N$40 000 at SWABOU and the reason for such actions by plaintiff was that they wanted to clear the said debt before they applied for a new one in order to buy a house in Windhoek. They bought the house which is registered in both their names. [18] She went further to that they shared financial responsibilities on a pro rata basis, e.g electricity and water. In addition, she purchased all household furniture and did not keep receipts as she did not anticipate this being an issue later. [19] It is also her evidence that she was not an alcoholic, was not irresponsible and did not commit adultery as alleged by plaintiff. She further stated that plaintiff would absent himself from the matrimonial home during weekends without explanation. While this was going, according to her, he continued to service the mortgage while she purchased food, electricity, water and furniture, both in Windhoek and in their village. They have four motor vehicles which are fully paid for and she is presently using one of them, a Toyota VVTI Registration No. N3026SH which vehicle she would like to continue using and retain as hers. [20] Further she would like custody of both minor children and that plaintiff should pay maintenance in the sum of N$2500 per month for both children. This witness was intensely cross-examined by Ms. Kishi, but, she stood by her averments and denied being a wasteful person, an alcoholic or a spend thrift. [21] The next witness was Pastor Josef Avia of Evangelical Lutheran Church in Namibia. He is a licenced Marriage Officer. It is his evidence that he explained the procedure to the parties when he solemnized their marriage. It was further his
they were married In Community of Property; they conducted their affairs as if they were so married in community of property; There was no reference of their marriage having been out community of property either by reference or operation of law; In order to prove the common understanding of their regime, plaintiff paid off her loan of N$40 000 at SWABOU and the reason for such actions by plaintiff was that they wanted to clear the said debt before they applied for a new one in order to buy a house in Windhoek. They bought the house which is registered in both their names. [18] She went further to that they shared financial responsibilities on a pro rata basis, e.g electricity and water. In addition, she purchased all household furniture and did not keep receipts as she did not anticipate this being an issue later. [19] It is also her evidence that she was not an alcoholic, was not irresponsible and did not commit adultery as alleged by plaintiff. She further stated that plaintiff would absent himself from the matrimonial home during weekends without explanation. While this was going, according to her, he continued to service the mortgage while she purchased food, electricity, water and furniture, both in Windhoek and in their village. They have four motor vehicles which are fully paid for and she is presently using one of them, a Toyota VVTI Registration No. N3026SH which vehicle she would like to continue using and retain as hers. [20] Further she would like custody of both minor children and that plaintiff should pay maintenance in the sum of N$2500 per month for both children. This witness was intensely cross-examined by Ms. Kishi, but, she stood by her averments and denied being a wasteful person, an alcoholic or a spend thrift. [21] The next witness was Pastor Josef Avia of Evangelical Lutheran Church in Namibia. He is a licenced Marriage Officer. It is his evidence that he explained the procedure to the parties when he solemnized their marriage. It was further his
Shambwila%20v%20Shambwila%20(I%20182-2014)%20[2016]%20NAHCNLD%2091%20(17%20November%202016).docx