What Is Eviction and How Do You Apply for an Eviction Order?

An overview of eviction orders in Namibia, from establishing title to a property to the High Court process for removing unlawful occupants.

Evictions in the Namibian context relate to the forced removal of persons or individuals who are illegally occupying a piece of land or property that does not legally belong to them.

In Namibia, the strongest property right relating to immovable property and land is a title deed, which must be registered in the name of the owner through the Deeds Office.

If you are the registered owner of a piece of land or property and hold a title deed under which it is registered, you are entitled to apply for an eviction order where persons are illegally occupying your property.

Applying for an Eviction Order: An eviction order may be obtained by instituting action proceedings in the High Court of Namibia. This requires a party, with the assistance of an admitted legal practitioner, to draft a combined summons incorporating particulars of claim in which the relief of eviction is sought.

These proceedings may then be heard by a Judge of the High Court, subject to any opposition from the defendant, being the person or persons against whom the order is sought. A defendant who opposes the action may have legal grounds on which they believe they are entitled to occupy the property, for example, contractual or lease agreements.

The Court will make a finding on the facts presented to it and determine whether the eviction order may be granted.

Disclaimer: The information provided here is for general informational purposes only and should not be interpreted as legal advice from Ileni Velikoshi Inc. or its staff. For advice tailored to your specific situation, please consult directly with Ileni Velikoshi Inc. for professional legal advice.