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200432 Commercial Law

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Questions:

You are employed as a candidate legal practitioner at one of the law firms in Windhoek. Last week you consulted with a new client, a certain Ms. Nangula. Your new client is the founder and one of the leaders of a Youth Movement fighting for a Cheaper and Affordable Housing in Namibia (YCAH). One of the objectives of YCAH is to inter aliaensure that the rent control system is put in place and implanted in Namibia.

Upon consulting with your client, the following salient facts became evident:

1. Nangula is employed as a researcher at one of the tertiary institutions in Windhoek, Namibia.

2. Given the exorbitant and high market prices for immovable properties in Windhoek, your client could not qualify for a home loan or mortgage bond with any financial institution or commercial bank. She had no choice but to rent a one-bed-room flat in a recently developed suburb on the outskirts of the capital. Still, the rent is unreasonably high, regard being had to your client’s income and purchase power.

3. Further, it is your client’s instructions that herself and other leaders of YCAH have held several meetings with representatives of the Namibian government as well as the line Ministries in order to discuss and find a durable solution to the housing crisis in Namibia. To this end, a number of resolutions were taken: one of them was that the Namibian Government, and more specifically the line Ministry, has agreed and undertaken to implement and operationalize the rent control system in accordance with the existing and binding laws.

4. Pursuant to the above resolution and undertaking by the line Ministry, your client and her Movement were requested to nominate individuals who could be appointed at Rent Control Boards across the country. Without any delays, your client and her colleagues forwarded the names of proposed members to the Ministry in April this year.

5. Notwithstanding the foregoing, your client instructs you that in July 2018, the line Ministry has since repudiated and negated on its earlier commitments and undertakings as they have expressly indicated that they are no longer willing and able to implement the rent control system as per the existing legislation. The ground given by the Ministry is simply that the implementation thereof is practically impossible.

Your client is aggrieved by the Ministry’s unjustified and irrational conduct and instructs you to explore the available legal remedies to assert her rights.

Instructions:

Based on the above facts and instructions, you are required to draft court papers so as to assert and protect your client’s rights. To this end, you will be expected to be innovative and creative in order to make out a case for the reliefs and remedies sought in your papers.
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My Assignment Help (2021) Commercial Law [Online]. Available from: https://myassignmenthelp.com/free-samples/200432-commercial-law/breach-of-covenant-a-case-of-ms-nangula.html
[Accessed 20 April 2021].

My Assignment Help. 'Commercial Law' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/200432-commercial-law/breach-of-covenant-a-case-of-ms-nangula.html> accessed 20 April 2021.

My Assignment Help. Commercial Law [Internet]. My Assignment Help. 2021 [cited 20 April 2021]. Available from: https://myassignmenthelp.com/free-samples/200432-commercial-law/breach-of-covenant-a-case-of-ms-nangula.html.


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