IN THE KAMBAZEMBI COMMUNITY COURT

HELD AT OKAKARARA

CASE NUMBER: 26 JULY 2015

In the matter between:

KANGERI ERESTINE KAMBAMBA APPELLANT

and

TIMOTHEUS MUJEU 1st RESPONDENT

TIMO TRADING SERVICES CC 2nd RESPONDENT

NOTICE OF APPEAL ITO SECTION 11(a) OF ACT 10 of 2003

TAKE NOTICE THAT the Appellant hereby lodges an appeal against the decision of
the Okakarara Sub Court held on the 26th of July 2015 on the grounds set out below:

(a) Appellant applies for condonation of late filing since judgement was brought to
her attention on the 16th of February 2016;
(b) The Sub community court misdirected itself in terms of fact when it found that
the appellant had no residential customary rights to the property;
(c) The sub community court misdirected itself as to the rights of the 1st
respondent and/or the second respondent in terms of the leasehold certificate
granted by the Communal Land Board in respect of the business on the land;
(d) The presiding officer acted ultra vires in adjudicating the proceedings since he
is not appointed by the Minister as justice in terms of Section 8(1) of the Act
10 of 2003 , accordingly it is averred that the proceedings are irregular, and
accordingly unlawful and are void ab initio;
(e) The court made a finding that the Appellant was “lying” without providing the
appellant any opportunity to exercise audi alteram partem, accordingly such
finding is contrary to article 12 of the Constitution of Namibia, is unlawful and
void ab intio
(f) The court misdirected itself by finding that the property “belongs to Mr
Timotheus Mujeu under Timo Trading Services cc” because such land is
communal land and incapable of ownership;
 (g) The court misdirected itself as to fact and law when it determined that the
Appellant failed to make any investment being financial or in kind to the
“establishment of this property at Okuapa” and therefore does not have any
right to occupy the property.

WHEREFORE the Appellant prays:

(a) for the judgement to be set aside in its entirety;
(b) for the declaration and recognition of her customary residential right on the
said property;
(c) for the repayment of N$400 (FOUR HUNDRED NAMIBIA DOLLARS);
(d) such further and/or alternative relief which the above court may deem meet.

DATED AT OKAKARARA THIS THE 23rd DAY OF FEBRUARY 2016

_____________________________
KANGERI ERESTINE KAMBAMBA
c/o