REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 2407/2013 In the matter between: ARMAND ELZAR PLATT PLAINTIFF and ASTRID PAULINE PLATT (born MEDDISON) DEFENDANT Neutral citation: Platt v Platt (I 2407/2013) [2014] NAHCMD 84 (13 March 2014) Coram: PARKER AJ Heard: 18 February 2014 Delivered: 13 March 2014 Flynote: Husband and wife – Divorce – Defendant (wife) not defending action respecting dissolution of the marriage but praying for certain anciliary relief – Anciliary relief includes right to immovable property – Plaintiff offered to pay 50 percent of mortgage Bank’s valuation to defendant (wife) in return for the plaintiff becoming the sole and exclusive owner of the property – On the facts and in the circumstances of the case the court granted the relief. Summary: Husband and wife – Divorce – Defendant (wife) not defending action respecting dissolution of the marriage but praying for certain anciliary relief – Anciliary relief includes right to immovable property – Plaintiff had proposed to defendant that defendant pays to him 50 percent of value of the property in order for defendant to become sole and exclusive owner of the property – Defendant declined the offer – Plaintiff prayed the court for an order that he pays to the defendant 50 percent of the value of the immovable property in return for the plaintiff becoming the sole and exclusive owner of the property which he wants to keep for the children of the family – Court found that in the circumstances and for the reason given by
plaintiff for the relief sought it was fair and reasonable to grant the relief – Court accordingly awarded the immovable property to the plaintiff as his sole and exclusive property. Flynote: Husband and wife – Divorce – Defendant (wife) not defending dissolution of the marriage but praying for certain anciliary relief – Spousal maintenance – The court held that a court may only award spousal maintenance if it is proven on a balance of probabilities that he or she is in need of it. Summary: Husband and wife – Divorce – Defendant (wife) not defending dissolution of the marriage but praying for certain anciliary relief – Spousal maintenance – The court held that a court may only award spousal maintenance if it is proven on a balance of probabilities that he or she is in need of it – Plaintiff (husband) undertook to take full financial responsibility for the minor children’s schooling and tuition costs and related costs and medical costs and related costs – Court found that the defendant earns an appreciable money as an employee – More important, the defendant did not place any evidence before the court in order to prove that she is in need of maintenance – Based on these reasons, in the exercise of its discretion, the court declined to award spousal maintenance. ORDER The marriage between the plaintiff and the defendant is hereby dissolved and a final order of divorce is granted. The custody and control of the minor children Kenisha Amor Platt, Avarialla Kehanna Platt and Keemone Kehandra Platt are awarded to the defendant, subject to the plaintiff’s right to reasonable access, and, further the plaintiff shall have custody of the children – for weekends, between 13h00 on Friday to 18h00 on Sunday. during alternative short and long school holidays of the children.