DBN tightens screws on Elindi brothers to recover N$14m
Rita Kakelo
Windhoek
The Development Bank of Namibia (DBN) is seeking a summary judgment against Ombili Health Centre (Pty) Ltd and its guarantors, Malakia and Peter Elindi, in the Windhoek High Court over a loan default of more than N$14 million that has been outstanding for eight years, the bank said.DBN wants to fast-track recovery of the multimillion-dollar loan from the Elindi brothers, who are currently in custody. The bank argues that they and the health centre have no valid defence and that a full trial is unnecessary.
The brothers remain in custody while awaiting a ruling on their bail application, scheduled for 26 September.
Their detention follows their arrest in connection with the Enercon-Namcor corruption saga.
Application
According to documents submitted by the bank this week, DBN initiated the process on 6 August and will submit a follow-up report by 11 September.
“The bank intends to formally submit its summary judgment application on or before 19 September 2025,” court documents state.
“Should the defendants choose to oppose, they must file their answering affidavit by 30 September 2025, after which a status hearing is scheduled for 16 October 2025 to determine hearing dates for the application.”
The matter was in court on Thursday for case planning proceedings before High Court judge Thomas Masuku.
Background
The legal action stems from two loans granted by DBN to Ombili Health Centre in 2017: a N$2.6 million term loan and a N$10.7 million property finance facility.
The loans were reportedly secured through suretyship agreements signed by the Elindi brothers and Nyambali Medical Centre CC, owned by Malakia and his wife, Lydia Elindi, previously operating as Diaz Bros Health Centre CC.
Additionally, a Windhoek property, Erf 6128, was mortgaged in favour of the bank as additional security, court documents state.
The bank informed the court that Ombili failed to honour the repayment terms, leaving the facility in arrears by N$17.7 million as of July 2024.
To resolve the matter, the parties signed a settlement agreement in which DBN agreed to write off N$5.5 million, provided that Ombili paid N$12.2 million by 31 August 2024.
The health centre allegedly failed to comply, leading to further arrears, the bank stated.
As of July 2025, DBN claims Ombili and its guarantors owe N$14.1 million, plus interest at 20% per year compounded monthly.
The bank now seeks summary judgment – a fast-tracked ruling without a full trial – arguing that the defendants have no bona fide defence to the claim.
If granted, the order would hold the defendants jointly and severally liable for the debt, declare the mortgaged property executable, and impose the most punitive legal costs on them.
Windhoek
The Development Bank of Namibia (DBN) is seeking a summary judgment against Ombili Health Centre (Pty) Ltd and its guarantors, Malakia and Peter Elindi, in the Windhoek High Court over a loan default of more than N$14 million that has been outstanding for eight years, the bank said.DBN wants to fast-track recovery of the multimillion-dollar loan from the Elindi brothers, who are currently in custody. The bank argues that they and the health centre have no valid defence and that a full trial is unnecessary.
The brothers remain in custody while awaiting a ruling on their bail application, scheduled for 26 September.
Their detention follows their arrest in connection with the Enercon-Namcor corruption saga.
Application
According to documents submitted by the bank this week, DBN initiated the process on 6 August and will submit a follow-up report by 11 September.
“The bank intends to formally submit its summary judgment application on or before 19 September 2025,” court documents state.
“Should the defendants choose to oppose, they must file their answering affidavit by 30 September 2025, after which a status hearing is scheduled for 16 October 2025 to determine hearing dates for the application.”
The matter was in court on Thursday for case planning proceedings before High Court judge Thomas Masuku.
Background
The legal action stems from two loans granted by DBN to Ombili Health Centre in 2017: a N$2.6 million term loan and a N$10.7 million property finance facility.
The loans were reportedly secured through suretyship agreements signed by the Elindi brothers and Nyambali Medical Centre CC, owned by Malakia and his wife, Lydia Elindi, previously operating as Diaz Bros Health Centre CC.
Additionally, a Windhoek property, Erf 6128, was mortgaged in favour of the bank as additional security, court documents state.
The bank informed the court that Ombili failed to honour the repayment terms, leaving the facility in arrears by N$17.7 million as of July 2024.
To resolve the matter, the parties signed a settlement agreement in which DBN agreed to write off N$5.5 million, provided that Ombili paid N$12.2 million by 31 August 2024.
The health centre allegedly failed to comply, leading to further arrears, the bank stated.
As of July 2025, DBN claims Ombili and its guarantors owe N$14.1 million, plus interest at 20% per year compounded monthly.
The bank now seeks summary judgment – a fast-tracked ruling without a full trial – arguing that the defendants have no bona fide defence to the claim.
If granted, the order would hold the defendants jointly and severally liable for the debt, declare the mortgaged property executable, and impose the most punitive legal costs on them.
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