NBC, Eagle FM verwys vir bemiddeling
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The Namibian Broadcasting Corporation (NBC) and the local radio station Eagle FM were yesterday referred to mediation by Judge Lotta Ambunda. This relates to a court case brought by the NBC against Eagle FM in which the national broadcaster alleges that the private radio station used six of its transmission towers from 1 April 2022 to March 2024 without its knowledge, consent or a valid lease agreement.
The NBC alleges that the owner of Eagle FM, John Walenga, verbally acknowledged during a meeting in August 2024 that the radio station owed the broadcaster an amount of N$580,774.73. On 1 August 2024, Eagle FM allegedly paid N$17,724.47. This followed the conclusion of a written lease agreement between the parties on 6 June 2024, which allowed Eagle FM to use the six transmission towers at a combined cost of N$32,899.94 per month. This amount was to be adjusted annually in line with inflation.
According to court papers, the NBC alleges that Eagle FM failed to pay both the arrears amount, which Walenga allegedly verbally acknowledged, as well as the monthly rental. Eagle FM therefore allegedly owes a total amount of N$1,060,064.27.
The broadcaster is seeking the cancellation of the lease agreement, payment of the above amount, interest on the amount and legal costs.
Eagle FM has denied in court that Walenga made any verbal acknowledgment of debt and has argued that the NBC failed to provide proof of how it arrived at the amount of N$850,774.73. Eagle FM further claims that the summons in the application was issued more than three years after part of the alleged debt arose. According to Eagle FM, this debt should have been set out in the preamble to their lease agreement.
The radio station also claims that its agreement with the NBC contains a clause providing that any dispute arising from the agreement must be dealt with through mediation. Eagle FM further disputes that the payment of N$17,724.47 was made two months after the commencement of the lease agreement.
“[NBC] is attempting to attribute this payment to the disputed verbal acknowledgment. [NBC] does not act in good faith with the court in this regard, as the payment was made on 1 August 2024, almost two months after the conclusion of the lease agreement, yet [NBC] is trying to present it as having been made outside the duration of the lease agreement in order to bolster its claim that there was a verbal acknowledgment of debt,” Eagle FM stated in its court papers.
Eagle FM further alleges that the leased facilities were not properly maintained, lacked air conditioning, ventilation and dust filtration, and that the radio station consequently suffered damages due to broadcast interruptions caused by equipment overheating, as well as the resulting repair costs.
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The NBC alleges that the owner of Eagle FM, John Walenga, verbally acknowledged during a meeting in August 2024 that the radio station owed the broadcaster an amount of N$580,774.73. On 1 August 2024, Eagle FM allegedly paid N$17,724.47. This followed the conclusion of a written lease agreement between the parties on 6 June 2024, which allowed Eagle FM to use the six transmission towers at a combined cost of N$32,899.94 per month. This amount was to be adjusted annually in line with inflation.
According to court papers, the NBC alleges that Eagle FM failed to pay both the arrears amount, which Walenga allegedly verbally acknowledged, as well as the monthly rental. Eagle FM therefore allegedly owes a total amount of N$1,060,064.27.
The broadcaster is seeking the cancellation of the lease agreement, payment of the above amount, interest on the amount and legal costs.
Eagle FM has denied in court that Walenga made any verbal acknowledgment of debt and has argued that the NBC failed to provide proof of how it arrived at the amount of N$850,774.73. Eagle FM further claims that the summons in the application was issued more than three years after part of the alleged debt arose. According to Eagle FM, this debt should have been set out in the preamble to their lease agreement.
The radio station also claims that its agreement with the NBC contains a clause providing that any dispute arising from the agreement must be dealt with through mediation. Eagle FM further disputes that the payment of N$17,724.47 was made two months after the commencement of the lease agreement.
“[NBC] is attempting to attribute this payment to the disputed verbal acknowledgment. [NBC] does not act in good faith with the court in this regard, as the payment was made on 1 August 2024, almost two months after the conclusion of the lease agreement, yet [NBC] is trying to present it as having been made outside the duration of the lease agreement in order to bolster its claim that there was a verbal acknowledgment of debt,” Eagle FM stated in its court papers.
Eagle FM further alleges that the leased facilities were not properly maintained, lacked air conditioning, ventilation and dust filtration, and that the radio station consequently suffered damages due to broadcast interruptions caused by equipment overheating, as well as the resulting repair costs.
– [email protected]
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