Apex court clears Saudis to pursue N$55m claim against Boulter

Namibia's Supreme Court has cleared the way for Saudi company Tebrak Trading and Contracting to pursue a N$55 million claim against British businessman Harvey Boulter after the court dismissed his attempt to block the case before it goes to trial.The ruling, handed down last Friday by judge of appeal Dave Smuts, deputy chief justice Petrus Damaseb and acting judge of appeal Hosea Angula, overturned an earlier High Court decision and firmly sided with Tebrak.Boulter, a well-known entrepreneur in the Windhoek business scene, was also slapped with an order to pay Tebrak’s legal costs, including the costs of one instructing and two instructed legal practitioners.Tebrak and five of its members, represented by Richard Metcalfe, claim they invested more than £2.4 million (over N$55 million) in companies linked to Boulter and are now seeking to recover those funds.The prominent Saudi construction company previously secured a favourable judgment in Dubai, where a court ordered Boulter to repay the investment. Tebrak approached the Namibian courts to recognise and enforce that foreign judgment, while also pursuing a separate delictual claim for financial damages arising from the same investment.Boulter’s objection falls flatIn response, Boulter, through his lawyer Sisa Namandje, sought to halt the proceedings by filing an exception, arguing that the claim was defective from the outset.Boulter argued that Tebrak should have first obtained formal recognition of the Dubai judgment in Namibia before filing a claim for payment. He asked the court to rule that the lawsuit was premature and should be dismissed.However, the Supreme Court rejected this argument, ruling that Tebrak is entitled to seek both recognition and enforcement of the foreign judgment within the same set of proceedings.“There is no indication, either in common law or in the Act, that recognition and enforcement are to be established in instalments or different hearings, as the defendant [Boulter] seems to suggest," the court ruled. With Boulter’s objection out of the way, the case will return for trial at the High Court.The case is scheduled to return to court on 15 July for a status hearing.Lingering casesBoulter’s legal troubles span both criminal and civil courts in Namibia. In February 2021, he was arrested after the fatal shooting of his farm manager, Gerhard van Wyk, at his property near Kamanjab. He was later charged with murder, unlawful possession of a firearm and using a firearm while under the influence of alcohol. Since then, he has launched several unsuccessful legal bids to have the charges dropped or the trial halted.Relatives of Van Wyk have launched a civil lawsuit against Boulter and his company, SX Investments One, claiming over N$84 million in damages for loss of support.rita@nmh-hub.com.na

Apex court clears Saudis to pursue N$55m claim against Boulter

Comments

Namibian Sun 2025-06-27

Please login to leave a comment

Apex court clears Saudis to pursue N$55m claim against Boulter

Comments

Namibian Sun 2025-06-27

Please login to leave a comment

Login