NEWS - NAMIBIA | 2013-08-06
Deal worth millions saves restaurant
Werner Menges
A DEAL involving N$11 million was what it took to save a popular Portuguese restaurant in Windhoek, O’Portuga, from the threat of being evicted from its rented premises last week.

This is revealed in a settlement agreement made an order of the court in the Windhoek High Court on Friday.

The agreement settles litigation between the close corporation owning the restaurant, O’Portuga Restaurant CC, and another close corporation, Lida Marie CC, which owns the building where O’Portuga has been renting its premises since mid-2008.

A dispute over the lease agreement in terms of which O’Portuga has been leasing the premises prompted Lida Marie CC to sue O’Portuga Restaurant CC in the High Court where Lida Marie CC succeeded in obtaining an eviction order against the restaurant at the end of November last year.

The High Court’s deputy sheriff for the District of Windhoek, instructed to carry out the eviction order, confiscated the restaurant keys on 19 July forcing O’Portuga to close its doors.

The restaurant reopened last week after it had lodged an urgent application in the High Court in an attempt to stop the threatened eviction.

The restaurant was back in business, with the eviction threat lifted, following a settlement that was reached between Lida Marie CC and O’Portuga Restaurant CC.

In terms of the settlement, O’Portuga CC agreed to pay N$1,5 million to Lida Marie CC in respect of all claims due to the owner of the building in terms of the judgement in which the eviction order was granted.

It was also agreed that O’Portuga CC or its nominee would buy the members’ interest in Lida Marie CC - in effect buying the building in the process - for N$9,5 million.

The agreement was signed by the member of Lida Marie CC, Angolan national Joao Gomes Percheiro Junior, one of the members of O’Portuga CC, Miguel Pinguinhas and businessman Ben Hauwanga, as representative of the majority member of O’Portuga CC, Angolan government minister Pedro Mutindi.

Pinguinhas informed the court in an affidavit that Mutindi has 75% of the members’ interest in the close corporation owning the restaurant while Pinguinhas himself has a 25% stake in the close corporation.

Pinguinhas also stated to the court that O’Portuga has a monthly turnover of about N$1,1 million and that it employs 76 people who would lose their jobs if the restaurant was evicted from the premises and in effect forced to close.



The Namibian - Tue 13 Aug 2013