Company seeks eviction of 20 tenants

10 July 2019 | Justice

There is an interesting matter before High Court Judge Boas Usiku where Endobo Properties is applying for an order to evict 20 tenants from a property at Tsumeb.

In September last year, Endobo filed its particulars, attaching a customer age analysis dated 13 June 2018. The total outstanding rent for the 20 tenants amounted to N$248 815 with N$189 795 of that outstanding for 120 days or more, the bulk of it dating back to March 2016 through to February 2018.

According to the document, the biggest defaulter is the fourth defendant, Gustav Gariseb, trading as Longa Engineering, with N$46 205, with N$39 880 owed between March 2016 and January 2018.

The other defendants, from one to 20 save for the fourth, are Petrus Nambundu, Selma Alpheus, Martin Martino, Masonde Viwangu, Basilium Kaguwo, Johannes Ndyamba, Christolene Kambamba, Selonika Upingasana, Bernhard Hikumua, Fillip Louis, Fillipine Gomusas, Immanuel Shilonda, Efat Pejamatjike, Lucia Sabatha, Norman Filiyati, Helarius Goseb, Andreas Thimbunga, Martino Mbimbi and Sara Haseb. Endobo told the court that it is the owner of the property at 103 President's Avenue, listing the transfer deed number, adding that “the aforementioned Endobo Properties (Pty) Limited was converted to a close corporation in 2007 and the transfer deed was endorsed accordingly”.

Attaching the rental contract, Endobo said that according to the terms of the document, it could terminate the lease if rent was not paid when due, amongst others.

“Should the lease be terminated, the lessee undertakes to vacate the premises on or before the termination date” and if not, Endobo has the right to enter the premises and remove the lessee's property, placing it in storage.

Endobo told the court that 20 defendants were all in breach of their rental obligations, most starting from February 2016, according to the age analysis. Endobo asked the court to cancel all the relevant lease agreements and to evict the 20 defendants from the property. It also asked for costs. In their plea, the 20 defendants, represented by Sylsken Makondo, say that the property, at the time of transfer to Endobo, was not owned by Ongopolo Mining and thus, there was no legal cause for the transfer to be effected.

In the alternative, they say the 1977 Rents Ordinance allows for a notice period of one year for a business and three months for a residence “when a lessor gives notice to a lessee to vacate”.

Interestingly, they include in their plea, a section from the ordinance which states that “the period of notice as required by this section shall not be applicable where the lessee of business premises has done material damage to such premises, or has indulged in conduct which constitutes a nuisance to the residents or occupants of adjoining or neighbouring premises, or is in arrears with the payment of rent of the said premises.”

They add also that they did not consent to a shorter notice period as provided for by the ordinance.

Alternatively, the defendants say that Endobo was not the lawful owner when the lease agreements were signed and executed and thus, they are entitled to resist eviction. They asked for the claim to be dismissed with costs.

The matter is set to go to trial. Francois Erasmus appears for Endobo.


Similar News


Huang wins again

3 days ago - 19 July 2019 | Justice

Jinhao Investment CC, of which trade unionist Petrus Nevonga and former Swapo councillor Christian Itope are members, while Jack Huang's membership is still part of...

State sued for N$3.8 million

4 days ago - 18 July 2019 | Justice

A man who was cleared of murder and robbery charges after he had spent more than five years in jail awaiting the completion of his...

B1 City fraud accused loses lawyer

4 days ago - 18 July 2019 | Justice

Hafeni Nghinamwaami, one the three businesspeople implicated in the fraud and corruption case surrounding the B1 City property development project, is without legal representation after...

Mom begs for mercy

5 days ago - 17 July 2019 | Justice

A mother of three minor children is asking the High Court to reduce her four-year prison sentence, or fine her instead, after she pleaded guilty...

Meatco to sue feedlot trustees

6 days ago - 16 July 2019 | Justice

The matter in which Meatco is suing JP Jooste, the owner of Big J Feedlot at Gobabis, for millions in relation to missing cattle has...

Omuniilonga gwaUnam otaka pangulwa

6 days ago - 16 July 2019 | Justice

Oshipotha moka omundungiki moshiputudhilo shoUniversity of Namibia (Unam) a yaha nokweehameka aamwayinathanamati yaali sha ningilwa moRundu, omwedhi Desemba otashi ka pulakenwa muSepetemba.Nelson Antonio, 44,...

Magistrate career down the drain for N$5 500

1 week ago - 15 July 2019 | Justice

YANNA SMITHMelaney Theron has thrown her promising career as a magistrate down the drain for a mere N$5 500.Last Thursday, Judge Nate Ndauendapo found the...

Unam lecturer to be prosecuted

1 week ago - 15 July 2019 | Justice

The case of the University of Namibia (Unam) lecturer, who allegedly shot and wounded two brothers last December in Rundu has been remanded to September....

Same-sex marriages before full bench

1 week ago - 15 July 2019 | Justice

The fate of three Namibians who tied the knot with their same-sex partners in countries where gender is not a barrier to marriage, and who...

Kalenga a kanitha olugodhi luukwaniilwa

1 week ago - 15 July 2019 | Justice

Endopo lyaningwa kuKonisa Eino Kalenga oku pataneka euliko netulo koshipundi shuukwaniilwa lyaFillemon Shuumbwa Nangolo onga omukwaniilwa gwaNdonga pethimbo, ogamwe gomomatompelo kutya omolwashike Omupanguli Thomas Masuku...

Latest News

Namibia gets more Welsh help

9 hours ago | Sports

JESSE JACKSON KAURAISA The Namibia Rugby Union (NRU) has acquired the services of Welsh Premiership boss Dale McIntosh to assist his counterpart Phil Davies with...

ACC probes Omuthiya

9 hours ago | Government

The Anti-Corruption Commission (ACC) is investigating alleged corrupt practices at the Omuthiya town council after some Swapo members laid complaints against their representatives.Swapo Party political...

Governor's advisor causes scandal in...

9 hours ago | Government

The governor for the Oshana Region, Elia Irimari, reportedly sent his special advisor, Michael Mwinga, home from an official visit to Angola for allegedly causing...

We have guaranteed poverty

9 hours ago | Opinion

More than 10 years ago there was concern over the growing numbers of orphans and vulnerable children in the country. During the time of Nangolo...

Shikongo calls for more support

9 hours ago | Sports

Debmarine Namibia chief executive Otto Shikongo has called on corporate private entities and parastatals to join the government in order to develop the youth in...

Big ups to Debmarine Namibia

9 hours ago | Sports

JESSE JACKSON KAURAISA I pen this with sincere gratitude towards Debmarine Namibia for sponsoring the financially struggling school sports fraternity.It...

Renewed plea for 2% donation

9 hours ago | Disasters

A public notice signed by cabinet secretary George Simataa, dated Thursday last week, makes a “humble appeal to all Namibians to donate up to 2%...

N$60k robbed from Ondangwa businesswoman...

9 hours ago | Crime

No arrest or recovery has been made in connection with a N$60 000 robbery at Ondangwa on Monday morning.The police in the Oshana Region reported...

Media get lukewarm scorecard

9 hours ago | Business

A home-grown analysis of the Namibian media landscape has identified a number of issues that detract from quality journalism and trust in the media. Among...

Load More