The son of an Egyptian national, who made Namibia his home, is opposing a claim to his father’s estate by a Chinese national married to him for about six months. Maged Michial Kamel Eltelemy, who was nominated as the sole heir to the estate of Khamel Shenouda Eltelemy, is opposing an application in the High Court.
Eltelemy, an Egyptian national, died in October 2013 about six months after his marriage to Liyan Sheng. Sheng is suing the Master of the High Court, Eltelemy and the executor of the estate of her late husband, Bank Windhoek, for half of the estate.
According to papers filed with the High Court, Sheng and the late Eltelemy were married in April 2013 in Katima Mulilo and no antenuptial contract was signed between them.
Sheng now claims that a decision by the Master of the High Court that the marriage was out of community of property because of the proclamation that all marriages conducted “north of the red line” is not applicable to their marriage as they are not “natives per se”.
According to her, the proclamation only applied to “natives” north of the red line.
She further said although they were married in Katima Mulilo, the marriage will only be “out of community of property if they entered into an antenuptial contract, which they did not.
However, Sheng said, despite several communications with the Master, she came to learn during May 2021 that the Master concluded the marriage was indeed out of community of property, which left her with no other option to approach the High Court for relief.
She is asking the court to declare that she and the late Eltelemy are both not “native” persons in terms of the Native Proclamation and or any other provision of the proclamation and that the section of the Proclamation is not applicable to their marriage.
She is further asking the court order that the marriage between her and her late husband was in community of property and she is entitled to half of his estate, and an order setting aside any decision or process undertaken on the basis that the marriage was out of community of property.
She is represented by Matilda Jankie from the Sisa Namandje stable.
Eltelemy junior is represented by Vernon Lutibezi from K Kamwi Law Chambers.