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On 01 February 2021 Sarah entered into an agreement with John in terms of which the former lets her house, situated at 40 Rent Street, Kleine Kuppe, to the latter for a monthly rental of N$10,000.00. The period of the lease is three (3) years and was to terminate on 31 January 2024. The lease agreement was reduced to writing and was duly signed by both parties. In the beginning of 2023, Sarah experienced financial difficulties and First National Bank threatened to repossess the house in Kleine Kuppe, and sell it to defray the remaining bond of N$500,000.00. The house was valued at N$2 million. Consequently Sarah decided to sell the house privately in order to obtain the valued amount for her house. On 31 May 2023 she concluded a contract for the sale of the house with Pandeni. The parties agreed that Pandeni will pay N$2.5 million to Sarah for the house. However, Sarah totally "forgot" to inform Pandeni that John is currently in the house as a lessee. When Pandeni wanted to move into the houseon 1 July 2023, he found John, who vehemently refused to move out. John claims that he has a right to remain in the house until 2024 in accordance with the lease agreement he signed with Sarah. Pandeni is adamant that John must move out of his house and thus threatened to evict John. John approaches you, an attorney at ZENCO Inc., seeking a legal opinion on whether or not Pandeni can evict him. With reference to the general principles of the law of lease and decided cases, fully advise John. In your paper, demonstrate an understanding of: The rights and duties of the parties to a contract of lease; The legal remedies of the parties to a contract of lease; The approaches by the Courts to the presented legal problem/s The Namibian legal position with regards to the relevant area of the law; and The application of the law to the salient facts and issues arising therefrom.
Short Paper on Cross-cultural Opportunities and Conflicts in Canada.
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