Posted by
WKH
on 27 Feb 25
Categories:
Legal & Insurance
“Property is surely a right of mankind as real as liberty” – John Adams
Let’s talk about eviction in Namibia! The most common legal principles and questions legal practitioners are faced with.
Can I evict someone with an eviction letter?
It is common practice that an owner should deliver a letter of demand/notice of eviction, usually in the form of a letter, to the occupant of the property. This will afford the occupant an opportunity to move out of the property before any legal action is instituted. A letter in the above form will, however, not be sufficient to evict an occupant.
Taking the above into consideration, one can only lawfully evict an occupant from a property by means of an eviction court order obtained in the Magistrates Court or High Court of Namibia.
Who can approach the Court for an eviction order?
Any legal action for eviction in Namibia is based on a claim for rei vindicatio (a legal action wherein an owner of property reclaims possession of his/her property). In light thereof, the only person able to approach the court for an eviction order, is the legal owner of the property.
When can I approach the Court for an eviction order?
An owner of property can only approach the court for an eviction order, if the person currently occupying the property has no legal right or claim to such occupation. Therefore, where a valid lease agreement, permission to occupy or any other legal right exists - which has not terminated, an owner will not be able to obtain an eviction order.
What does the parties have to prove in Court?
In a legal action for eviction, the person instituting the legal action merely has to prove that he/she is the owner of the property, and that the person whom they wish to evict is in possession (occupation) of the property. The occupier will then have the duty to prove that he/she has a legal right to occupation, in order to successfully stave off the possibility of an eviction order.
How do I evict a person after obtaining an eviction order?
An eviction order, once obtained, can be provided to the Deputy Sheriff of the district where the property is located. The eviction order would ordinarily authorise the Deputy Sheriff to evict the unlawful occupant from the property. Furthermore, the eviction order can authorize the Deputy Sheriff to obtain assistance from the Namibian Police Force, in circumstances where the Deputy Sheriff is unsuccessful in the eviction.
Izak Vogel
Nicole Krotz
This article does not constitute legal advice and is purely for academic and informational purposes. Dr. Weder, Kauta and Hoveka Inc takes no responsibility for reliance on the information in this article in any legal action instituted or defended in the Republic of Namibia.
