Six claims against farmer

Agribank demands 2013 debt

01 August 2019 | Justice

Agribank is suing a farmer from Farm 732 in the Omaheke Region for a total of N$4 227 010.71, in six separate claims.

The matter against Kavezembi Katjomuise involves six different loans. The matters were yesterday before Judge Marlene Tommasi in the Windhoek High Court for case management.

According to the latest documents filed, dated 30 July, Kadhila Amoomo gave notice to the court that he was withdrawing as counsel for Katjomuise, who has indicated his intention to defend.

In separate particulars of claim documents filed in March this year, Agribank says all the loans were taken on 9 August 2013, with varying repayment periods of between three and 10 years, and varying rates of interest.

On a loan of N$920 000, repayable over 10 years, Agribank is claiming just over N$1.4 million, saying that Katjomuise had not made a single payment. A sum of N$720 000 was also taken with a 15-year repayment period. Here, Agribank demands just over N$1.1 million, again adding that instalments were not made.

The third claim of N$496 000 was repayable over five years. The bank is claiming N$761 640, again saying that no payments were made to settle the amount.

A 10-year loan of N$175 000 was also not repaid and Agribank demands payment of N$285 279, and on another 10-year loan of N$240 000, the bank demands payment of N$389 840.

For the final loan of N$279 000, the bank asked the court, as it did in all its claims, for an order of execution of Farm 732, measuring just over 3 200 hectares, which was ceded to the bank for each loan taken. For the first five claims, there are varying rates of interest that the bank asked the court to grant from the date of judgment. The bank also asked for costs.

Katjomuise, besides having filed a notice of intention to defend, is yet to file documents in replication of the bank's demands.

During June, the court had set out a schedule for the parties and Katjomuise was instructed to file his plea and counterclaim by 19 June. Agribank was instructed to file its replication by 10 July and Katjomuise again on 24 July. The matter was postponed to yesterday. The only documents currently on record is the withdrawal of Katjomuise's counsel on 30 July.

Taimi Iileka of Sisa Namandje and Co. appears on behalf of Agribank.