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FACULTY OF COMMERCE, MANAGEMENT AND LAW OLD CURRICULUM MODULES Question One 11) [20 Marks] a) Describe the structure of Namibia's Judiciary System (10 Marks) b)

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FACULTY OF COMMERCE, MANAGEMENT AND LAW OLD CURRICULUM MODULES Question One 11) [20 Marks] a) Describe the structure of Namibia's Judiciary System (10 Marks) b) Which matters would The Magistrates Court havejurisdiction? (5 Marks) c) Does Namibia have a court higher than the Supreme Court? (2 Marks) d) Distinguish a minor from a major and What capacity to act each one has (3 Marks) Question Two (2! [20 Marks] a) Which Court issues Marriage Certicates in Namibia? (2 Marks) b) Which Court dissolves marriages in Namibia? The High Court (2 Marks) c) Which Court deals with appointing executors in a deceased estate? (2 Marks) d) Which Court handles Labour matters in Namibia? (2 Marks) e) Which Court in Namibia handles appeals? (2 Marks) f) Where is Namibia's Constitutional Court situated? (2 Marks) g) Discuss the 3 three types of legal impossibility in respect to contracts. (8 Marks) Page 14 of 15 FACULTY OF COMMERCE, MANAGEMENT AND LAW OLD CURRICULUM MODULES Question Three g3! |10 Marks| Steven is a young boy residing in Wanaheda, Windhoek. Steven is 19 years of age and hasjust been arrested by The Namibian Police for theft of clothing items at PEP stores in Windhoek. Steven has been arrested and brought to the Wanaheda Police Station. Steven asks for the prosecution procedure which will ensue following his arrest. Question Four g4! |30 Marks| a) Which types of contracts are required to be in writing (5 Marks) b) Giving examples, Set out the differences between essentialia, naturalia and incidentialia com prised in a contract. (15 Marks) c) Setting out examples, identify the differences between duress and undue influence. (10 Marks) Question Five Q! [20 Marks] a) Explain what you understand by prescription. (3 Marks) b) List 7 instances which may terminate a contract (7 Marks) c) Set out & explain any ve exclusive clauses found in a contract of sale of business as a going concern. (10 Marks) Note: In answering all the problem questions, it will be essential to include the following information in your response to the question: iii) The particular issue(s) raised in the question. iv) Indicate the relevant area(s) of law to apply to the issues. iii) List and explain the relevant cases to use as authority to support your discussion. Page 15 of 15

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