Rundu asks court to dismiss RedForce lawsuit
The Rundu town council has accused RedForce of turning to the court with "unclean hands" in an ongoing lawsuit in which the debt collector is demanding over N$9 million from the local authority.
This is contained in court documents filed by the Rundu town council, which is opposing the application.
RedForce claims they lost an estimated N$9.2 million due to the termination of the contract in February, 10 months before the agreement was due to end.
RedForce has submitted a two-part claim, of which one amounts to N$5.1 million - the revenue the company said it could have made from collecting debt if the contract ended in December.
The second claim, N$4.1 million, is what RedForce said it could have made from collecting data.
Agreement breached
According to the town council, represented by government attorney Wilhelm Amukoto, RedForce failed to meet its monthly target and violated the agreement between the two parties. The local authority says that as such, they are not entitled to what they seek from the court.
They also argue that RedForce has made a number of allegations without substantive proof.
"Save to plead that the contents of these paragraphs are admitted, the defendants plead that the plaintiff was not meeting their monthly target by the time the first correspondence was received," the papers read.
"In amplification of the aforesaid, the defendants plead that plaintiff itself breached the terms of the agreement first and, as such, approaches this court with unclean hands in respect of the very same agreement it wishes to enforce through these proceedings.
"Wherefore the defendants pray that the plaintiff’s claim be dismissed with costs," the court documents read.
Fight continues
The town council informed the debt collector of its intention to terminate the contract in January, while two weeks later, the company retorted with its own termination.
RedForce decided to terminate the contract because it was allegedly unhappy with how the local authority had been conducting itself, citing interference from council staff and councillors who sabotaged its efforts.
On its part, the town council chose to terminate the agreement because RedForce failed to meet its monthly N$5 million target.
Rundu appointed RedForce on a three-year contract in October 2020 to collect debt worth over N$450 million owed by town residents.
Prior to its appointment, the cash-strapped council regularly faced water interruptions because it was unable to pay NamWater.
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This is contained in court documents filed by the Rundu town council, which is opposing the application.
RedForce claims they lost an estimated N$9.2 million due to the termination of the contract in February, 10 months before the agreement was due to end.
RedForce has submitted a two-part claim, of which one amounts to N$5.1 million - the revenue the company said it could have made from collecting debt if the contract ended in December.
The second claim, N$4.1 million, is what RedForce said it could have made from collecting data.
Agreement breached
According to the town council, represented by government attorney Wilhelm Amukoto, RedForce failed to meet its monthly target and violated the agreement between the two parties. The local authority says that as such, they are not entitled to what they seek from the court.
They also argue that RedForce has made a number of allegations without substantive proof.
"Save to plead that the contents of these paragraphs are admitted, the defendants plead that the plaintiff was not meeting their monthly target by the time the first correspondence was received," the papers read.
"In amplification of the aforesaid, the defendants plead that plaintiff itself breached the terms of the agreement first and, as such, approaches this court with unclean hands in respect of the very same agreement it wishes to enforce through these proceedings.
"Wherefore the defendants pray that the plaintiff’s claim be dismissed with costs," the court documents read.
Fight continues
The town council informed the debt collector of its intention to terminate the contract in January, while two weeks later, the company retorted with its own termination.
RedForce decided to terminate the contract because it was allegedly unhappy with how the local authority had been conducting itself, citing interference from council staff and councillors who sabotaged its efforts.
On its part, the town council chose to terminate the agreement because RedForce failed to meet its monthly N$5 million target.
Rundu appointed RedForce on a three-year contract in October 2020 to collect debt worth over N$450 million owed by town residents.
Prior to its appointment, the cash-strapped council regularly faced water interruptions because it was unable to pay NamWater.
[email protected]
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