namibia court case, page-3

I am not a lawyer but imo :
1 No , you can not have an agreement with a non existent entity ..that is the point made by the original court decision.
But the facts of the case are much more complex than that.

2 Depends on whether you mean could , or should .

If you want to read an interesting appeal case that articulates a number of the legal principles that may be in play here ..google Legator Mckenna v Shea , an appeal case in South Africa .Then give us your verdict !!
Enjoy the read ..helps to fill the time .
regards
Q