Agribank and Haingura in court tussle
16 May 2019 | Justice
The total amount the banks wants paid is N$372 834 with varying rates of interest on each claim.
Agribank seems to have stumbled in this matter having had two withdrawals of different lawyers, with Tjituri Law Chambers that withdrew as legal practitioners in August last year and Tjombe-Elago Incorporated that withdrew in February last year.
Moreover, Agribank failed to make an appearance at court on 17 April this year.
This followed after a court notice was issued to all parties and their legal practitioners on 10 April to attend a court hearing to show cause to the satisfaction of the managing judge why there has been no activity in the case for six months and why the case must not be struck from the roll, not to be enrolled again.
Yesterday, before Judge Marlene Tommasi in the Windhoek High Court, Agribank was instructed to give reasons why the matter should not be permanently struck from the roll.
The matter was last year January struck from the roll when Agribank's legal team failed to file a draft order for an application for a default judgment.
New counsel was appointed and the default judgment was eventually granted, however Agribank failed to appear before the court as that counsel (Tjombe and Elago) also quit.
In the four claims against Haingura, Agribank says that she put up her property in Olympia at erf 181, as surety.
In its first claim Agribank says that Haingura owes the bank N$14 446 for a loan to the amount of N$16 240 she made on 19 July 2012 for the purpose of purchasing livestock which included bond fees (the loan).
In its second claim, Haingura is said to owe the bank N$86 975 for a N$73 760 loan she made on 19 July 2012 for the purpose of purchasing building materials.
With regards to the third claim, Haingura owes Agribank N$46 684 for a loan of N$50 000 made on 19 July 2012 for the purchasing of livestock, which amount included bond fees.
Finally, Agribank's fourth claim says that Haingura owes the bank N$224 729 for a loan of N$220 000 she made on 19 July 2012 to purchase a vehicle.
Agribank is also asking for an order regarding legal costs.
Haingura has no counsel on record and is yet to file any pleas, counterclaims or documents.