Two residents have found themselves at the centre of a dispute over the ownership of an erf at Istanbul Street, Otjomuise, in Windhoek.
Community activist Shaun Gariseb told The Namibian on Sunday that resident Melody Kahitu and United Kingdom-based buyer Lydia Nekongo have found themselves at the centre of a dispute over the ownership of an erf that Kahitu occupies.
According to Gariseb, the dispute allegedly follows the sale of the property to Nekongo by the City of Windhoek.
Gariseb said the buyer, Nekongo, wants the city to refund her money or provide her with an alternative plot.
“She is hurt that people must be subjected to this. She does not want to cause people pain. We have no problem with her; it is the City of Windhoek that must take responsibility,” he said.
Speaking on behalf of his client, lawyer Logino Goraseb told The Namibian on Sunday that Nekongo purchased the property in 2011 after applying for it in 1987 and has been paying rates and taxes on it ever since.
He said Kahitu allegedly moved onto the property in 2008 or 2009, before Nekongo purchased it in 2011, but has never paid rates and taxes on the property.
According to Goraseb, summonses were then served to Kahitu on 3 March, allowing her to defend the matter, but she did not file an intention to defend.
“She did not defend the matter. She did not file her intention to defend the matter. She just received the summons and did nothing about it,” he said.
Goraseb said he subsequently applied for ‘default judgment’ in the High Court and obtained a court order on 28 May.
He said the court order allowed Nekongo to evict Kahitu and any other person occupying the property.
According to Goraseb, City of Windhoek councillors later intervened and requested that Kahitu be given an additional five days to vacate the property and move her belongings.
Goraseb said Kahitu later agreed to leave the property by 14 August, but instead returned with community members, including Gariseb, who opposed the eviction.
“We are not going to comply with the court order, and the lawyers must go and enforce it, but we are also going to approach the court to set aside that order,” said community activist Gariseb.
City of Windhoek spokesperson Lydia Amutenya told The Namibian on Sunday that it will need details such as the erf number and street name of the property in question.
“The issues raised require consultation with the relevant function and verification of the city’s records before we can provide an accurate response,” she said.
