De Roeck v Campbell & Others 1990 NR 126: Laws of execution; rights of debtors and creditors; rights of peregrini and incolae.

Levy J:

Right to own property is a fundamental human right entrenched in art 16 of the Constitution of Namibia. Ownership includes the right to possess one’s property, to dispose of it and even destroy it. If anyone else lays claim to such property or to interfere with any one of those rights, the onus is on such person to justify his claim. But the law provides for the attachment of property at the behest of a creditor having a judgment sounding in money. The laws of execution are however framed so as to protect the debtor’s right subject only to the creditor’s rights in terms of the judgment.

Right to own property is not reserved for the citizens / residents of Namibia. Peregrini have same rights as incolae. But the property of a peregrinus can be attached to found or confirm jurisdiction.

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