This week in motion

THE past week in Motion Court, First National Bank led the judgments by reclaiming loans in terms of instalment sale agreements but overall, the volumes are declining as the banks and private institutions prepare for the court recess.

Loans reclaimedBank Windhoek: Three loans reclaimed valued at N$114 953.16 and one order to restore metal-works goods of N$69 338.88.First National Bank: A total of 13 files of which nine pertained to instalment sale agreements valued at N$616 864.12 and three orders of restoration of unpaid motor vehicles.Nedbank: One loan of N$17 213.81 and one order to restore an unpaid Iveco truck.Homes reclaimed:First National Bank:Default judgment in the sum of N$687 261.15 against Zareer Brenner, Holding 211 in Outapi declared executable. The bank asked for, and received, annual interest of 12 per cent as well as costs.Standard Bank:Against Coenraad Johannes Willem and Heloise Steyn, default judgment of N$495 520.29, Holding 340 in Otjiwarongo, foreclosed. Annual interest at a rate of 12.25 per cent and costs were awarded.Gareth Pieter Fourie and Rianca Oelofse too lost their property at Holding 381 in Cimbebasia with a default judgment of N$487 901.10. Costs and 11 per cent annual interest were awarded to the bank.Default judgment against Victor Uaurumisa Kazapua in the sum of N$161 761.64 with foreclosure on Holding 6163, a portion of Holding 3293 in Kuisebmond. A staggering 15,5 per cent annual interest and costs were awarded as prayed.Another legal tussleHerbert Henle, owner of the renowned hunting and guest farm Mount Paresis near Otjiwarongo, featured in this week’s motion roll. Henle was recently in the news for the alleged theft of three sable antelope from nature conservation and finally secured bail at an astounding N$190 000. In the matter on the roll, Dalene Thorburn and her husband Claude Thorburn, married out of community of property and resident at 45 Schepmann Street in Pionierspark, Extension 1, applied for a default judgment against Henle. In the papers, they registered three claims.The first, that Henle restore Mrs Thorburn’s movable property, currently at Mount Paresis’s guest facilities, or that he pay her N$74 565. The list includes items such as curtains, cutlery and linens. The second claim relates to the property of Mr Thorburn, also on Mount Paresis, and Mr Thorburn asked for restoration of the goods or payment of N$24 300.The third claim is by far the largest and required the expert testimony of Volker Grellman, one of the founders of commercial hunting in Namibia. On or about 2001 or 2002, Thorburn and Henle entered into an oral agreement whereby they would jointly tout for foreign hunters to the farm. Thorburn, as a registered professional hunter, was to benefit from all the income derived from the satisfactory accommodation of the guests and was to lead all the hunts. Henle would benefit from all the income from the hunting activities.Thorburn told the court that prior to the start of the 2004 season, Henle had repudiated their agreement and asked him to remove himself from Mount Paresis. In doing so, Thorburn had suffered losses in the amount of N$259 932 for the period March 11, 2004 to August 10, 2004.Grellmann, in his testimony, concurred with this figure.The matter has been postponed to a date to be arranged with the registrar and Henle to carry the ‘wasted costs occasioned as a result of this postponement’. There was no order as to costs of instructed or instructing counsel.DRC company owes N$2,5 millionIn an urgent application to the High Court, Namibia Bunker Services, address given as 196 in Sixth Street East, Walvis Bay, said that an agreement with Etc Katanga Futur trading from 15 Avenue Usoke, Lubumbashe in the DRC, had gone sour. In the documents, the applicant told the court that during December 2007, a written agreement had been concluded with the DRC firm for Namibia Bunker Services to provide all transportation and logistical services for Etc Katanga Futur’s goods shipped via Walvis Bay. The Congolese company was to provide all the permits and the agreement, cancelled only by 90 days’ notice, the applicant said, was governed by Namibian law.They had provided the required services from January 2008 to August 2009, but the Congolese company had failed to make any payments which had amounted to a total of N$2 512 870.86.Namibia Bunker Services, who included Safmarine Namibia (Pty) Limited as second respondent in the matter, but no further details given, asked the court for an attachment order for a container in Walvis Bay, along with its contents. They further asked for permission to sue Etc Katanga Futur by edict within 60 days from the date of application to claim outstanding monies in the value of N$2 512 870.86. They asked the court that the container only be released when sufficient security had been furnished by the DRC company for the outstanding monies.They further asked for annual interest of 20 per cent a tempore morae as well as costs.The court granted the orders as prayed.