Full bench for land battle

A full bench of the Oshakati High Court will tomorrow preside over a case involving businessman Ben Zaaruka and Ongwediva resident Lukas Johannes, who faces the possibility of having a sizeable portion of his mahangu field turned into retail space.This will happen should Stantoll Properties, a company owned by Zaaruka, succeed in its court bid to have Johannes evicted.The case will be heard by Judge President Petrus Damaseb, as well as judges Hosea Angula and Shafimana Ueitele. The full bench replaces Judge Maphios Cheda, who had previously presided over the matter.The court matter stems from a battle over erf 6315, which Zaaruka claims in court papers to have acquired from Johannes in 2010 for N$1.4 million.The High Court on 7 March ruled in favour of Stantoll Properties and allowed it to start with construction.“In this application, Stantoll Properties seeks, together with ancillary relief, the eviction of Lukas Johannes on an urgent basis,” Zaaruka said in his court papers.Johannes argues the court should not entertain Stantoll Properties' urgent application, which was lodged on the basis that the company will apparently suffer millions of dollars in damages, as it had entered into lease agreements with retailers such as Shoprite. “These brief submissions endeavour to crisply demonstrate that Stantoll Properties unduly, to the inconvenience of this honourable court (and to the prejudice of other litigants) and without sufficient cause endeavours to jump the queue and seek an urgent application in the matter in respect of relief that it is not entitled to,” Johannes said in his court papers. He maintained the two-hectare piece of land forms part of his mahangu field and that he was never compensated for it.Johannes had in August also summonsed Ongwediva town council CEO Damian Egumbo, Stantoll Properties, President Hage Geingob, minister of urban and rural development Peya Mushelenga, land reform minister Utoni Nujoma, the registrar of deeds, attorney-general Albert Kawana and the government of Namibia to testify in the matter.Wilmarie Horn is representing Stantoll, while Johannes is represented by Henry Shimutwikeni.

Full bench for land battle

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Namibian Sun 2025-07-04

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Full bench for land battle

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Namibian Sun 2025-07-04

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