Five years ago, Ngutjiua entered into an agreement with Ismael that she would rent Ismael’s farm in the Omaheke district for a period of 15 years. They agreed that she would pay Ismael an amount of N$5000 per month as well as 10% of her annual income from the farm. The rental agreement was not registered. Sadly, Ismael passed on due to Covid in January 2021. His son Matti inherited the farm. Answer the following questions pertaining to the above facts. (3)

4.1 Is the agreed rent payable valid? Motivate your answer. (3)

4.2 Matti is very unhappy about Ngutjiua’s presence on the farm. He claims that he knew nothing about the lease agreement, and wants to evict Ngutjiua. Can he do this? Motivate your answer.

4.3 Ngutjiua erected a fence around certain parts of the farm to increase safety and prevent stock theft. She spent N$50 000 on the fencing and now wants Matti to pay her the amount of N$200 000, which amount she claims is the increase in the value of the farm brought about by the proper fencing. Advise Ngutjiua and Matti. (3) [9]

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