NBC, Eagle FM legal dispute over tower lease heads to mediation
The Namibian Broadcasting Corporation (NBC) and local radio station Eagle FM were referred for mediation this week by High Court Judge Lotta Ambunda.
The case relates to a lawsuit brought by NBC against Eagle FM, in which the national broadcaster alleges that the private station used six of its broadcasting towers from 1 April 2022 to March 2024 without NBC’s knowledge, consent or a valid lease agreement.
NBC claims that Eagle FM owner John Walenga verbally acknowledged in an August 2024 meeting that the station owed the broadcaster N$850 774.73.
On 1 August 2024, Eagle FM allegedly paid N$17 724.47, despite the parties having signed a written lease agreement on 6 June 2024 allowing Eagle FM to use the six towers at a combined monthly cost of N$32 899.94.
The agreement stipulated that the amount would be adjusted annually for inflation.
Court documents claim that Eagle FM did not pay the outstanding amount Walenga is alleged to have acknowledged, nor the monthly lease fees, reportedly leaving a total debt of N$1 060 064.27.
NBC is seeking the cancellation of the lease agreement, payment of the outstanding amount interest on the sum and legal costs.
Eagle FM denies accusations
Eagle FM has denied in court that Walenga made any verbal admission of debt, arguing that NBC has provided no evidence to show how the alleged amount of N$850 774.73 was calculated.
The station also contends that the summons in the case was issued more than three years after part of the alleged debt arose, which Eagle FM says was already outlined in the introduction of their lease agreement.
The station further claims that its agreement with NBC contains a clause requiring any disputes under the contract to be resolved through mediation. Eagle FM also disputes the significance of a payment of N$17 724.47 made two months after the lease agreement began.
In a statement to the court, Eagle FM said: "[NBC] is attempting to attribute this payment to the disputed verbal admission. [NBC] does not inform the court that the payment was made on 1 August 2024, nearly two months after the lease agreement commenced, but seeks to present it as if it occurred outside the lease period to support its claim that there was a verbal acknowledgement of debt."
Eagle FM also claims that the leased facilities were not properly maintained, lacking air conditioning, ventilation and dust filtration.
The station says it suffered damage due to broadcast interruptions caused by equipment overheating, as well as the resulting repair costs.
The case relates to a lawsuit brought by NBC against Eagle FM, in which the national broadcaster alleges that the private station used six of its broadcasting towers from 1 April 2022 to March 2024 without NBC’s knowledge, consent or a valid lease agreement.
NBC claims that Eagle FM owner John Walenga verbally acknowledged in an August 2024 meeting that the station owed the broadcaster N$850 774.73.
On 1 August 2024, Eagle FM allegedly paid N$17 724.47, despite the parties having signed a written lease agreement on 6 June 2024 allowing Eagle FM to use the six towers at a combined monthly cost of N$32 899.94.
The agreement stipulated that the amount would be adjusted annually for inflation.
Court documents claim that Eagle FM did not pay the outstanding amount Walenga is alleged to have acknowledged, nor the monthly lease fees, reportedly leaving a total debt of N$1 060 064.27.
NBC is seeking the cancellation of the lease agreement, payment of the outstanding amount interest on the sum and legal costs.
Eagle FM denies accusations
Eagle FM has denied in court that Walenga made any verbal admission of debt, arguing that NBC has provided no evidence to show how the alleged amount of N$850 774.73 was calculated.
The station also contends that the summons in the case was issued more than three years after part of the alleged debt arose, which Eagle FM says was already outlined in the introduction of their lease agreement.
The station further claims that its agreement with NBC contains a clause requiring any disputes under the contract to be resolved through mediation. Eagle FM also disputes the significance of a payment of N$17 724.47 made two months after the lease agreement began.
In a statement to the court, Eagle FM said: "[NBC] is attempting to attribute this payment to the disputed verbal admission. [NBC] does not inform the court that the payment was made on 1 August 2024, nearly two months after the lease agreement commenced, but seeks to present it as if it occurred outside the lease period to support its claim that there was a verbal acknowledgement of debt."
Eagle FM also claims that the leased facilities were not properly maintained, lacking air conditioning, ventilation and dust filtration.
The station says it suffered damage due to broadcast interruptions caused by equipment overheating, as well as the resulting repair costs.
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