Court orders sale of Malima’s property to cover N$5.4m Engen debt
The High Court has ordered the sale of property owned by Eco Fuel Investments CC, owned by fugitive businessman Victor Malima, to settle a N$5.4 million fuel debt owed to Engen Namibia, stemming from transactions between 21 July and 11 August 2021.
According to a customer master file seen by Namibian Sun, Austin Elindi signed as chairperson of Eco Fuel in 2017.
Elindi is currently in custody in connection with a separate fuel-related case involving Enercon and Namcor. His co-director, Malima, also implicated in the Enercon-Namcor matter, reportedly fled the country over a fortnight ago as the Namcor saga unravelled.
Elindi, who was arrested on Monday over the Namcor saga, appeared in court yesterday, where he was denied bail and remanded in custody.
Court documents reveal that Eco Fuel, trading as Eco-Fuel, purchased over 396 000 litres of fuel from Engen Namibia, totalling N$5 463 628.54. While payment was initially due immediately upon delivery, this was later extended through a verbal agreement to 30 days post-invoice.
However, Engen alleges that Eco Fuel failed to honour the payment agreement, despite receiving bulk fuel deliveries throughout 2021. The company issued a formal demand for payment on 11 April 2024, followed by a second demand from its legal representatives on 21 May 2024. Both went unanswered.
Delivery address
On 17 July 2024, the High Court granted default judgment in favour of Engen Namibia against Eco-Fuel and its directors, Elindi and Malima. Eco Fuel contested the writ of execution, arguing that the court messenger had served the summons at an incorrect address, despite Engen allegedly being notified of the company’s new address on 16 April 2024.
Elindi and Malima also disputed the amount claimed, asserting that they had made multiple payments toward the fuel debt.
Eco Fuel filed an application on 19 August 2024 seeking to rescind or set aside the default judgment. Engen formally opposed this application on 27 August 2024.
While the High Court rescinded the writ of execution on 28 February 2025, it directed both parties to submit supplementary heads of argument by 30 May, focusing on the legal implications of serving court documents to juristic persons at a chosen address. Eco Fuel failed to file their submissions by the deadline.
According to a customer master file seen by Namibian Sun, Austin Elindi signed as chairperson of Eco Fuel in 2017.
Elindi is currently in custody in connection with a separate fuel-related case involving Enercon and Namcor. His co-director, Malima, also implicated in the Enercon-Namcor matter, reportedly fled the country over a fortnight ago as the Namcor saga unravelled.
Elindi, who was arrested on Monday over the Namcor saga, appeared in court yesterday, where he was denied bail and remanded in custody.
Court documents reveal that Eco Fuel, trading as Eco-Fuel, purchased over 396 000 litres of fuel from Engen Namibia, totalling N$5 463 628.54. While payment was initially due immediately upon delivery, this was later extended through a verbal agreement to 30 days post-invoice.
However, Engen alleges that Eco Fuel failed to honour the payment agreement, despite receiving bulk fuel deliveries throughout 2021. The company issued a formal demand for payment on 11 April 2024, followed by a second demand from its legal representatives on 21 May 2024. Both went unanswered.
Delivery address
On 17 July 2024, the High Court granted default judgment in favour of Engen Namibia against Eco-Fuel and its directors, Elindi and Malima. Eco Fuel contested the writ of execution, arguing that the court messenger had served the summons at an incorrect address, despite Engen allegedly being notified of the company’s new address on 16 April 2024.
Elindi and Malima also disputed the amount claimed, asserting that they had made multiple payments toward the fuel debt.
Eco Fuel filed an application on 19 August 2024 seeking to rescind or set aside the default judgment. Engen formally opposed this application on 27 August 2024.
While the High Court rescinded the writ of execution on 28 February 2025, it directed both parties to submit supplementary heads of argument by 30 May, focusing on the legal implications of serving court documents to juristic persons at a chosen address. Eco Fuel failed to file their submissions by the deadline.
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