In the matter between Maria Magdalena Loubser (born “Du Plessis”) and Johannes Jacobus Loubser: Namibia High Court , 2013

Date December 29, 20151:58 pm
Subject , ,

The applicant in this matter brought an application seeking interim order for maintenance, custody and control, use of vehicle and contribution towards legal costs. The court pointed out that in order for the applicant to succeed, the applicant must satisfy the court that there are prospects of success on the proceedings for the restitution of conjugal rights. The facts reveal that the parties are married out of community of property and that the respondent does not live in the family home. In fact, a protection order is in place against the respondent.

The issue of custody and control and use of vehicle were contested at this point. On the issue of maintenance, it is a requirement that the amount is justified and broken down clearly with documentary evidence to enable the court to assess the financial position and needs of either party. The applicant failed to prove to the court that she is entitled to spousal maintenance as she earns a salary and has additional funds coming in monthly or that one of the major child who is self-employed is also entitled to maintenance.

The Court ordered that the respondent makes monthly payments towards the household and for the well-being al the three minor children.

Republic of Namibia: In the High Court of Namibia, Main Division: Judgment: Case -No. I 3503/2012: In the matter between Maria Magdalena Loubser (born Du Plessis), applicant and Johannes Jacobus Loubser, respondent: Neutral citation: Loubser v Loubser (I 3503/2012) [2013] NAHCMD 335 (15 November 2013)