Huang wins again
19 July 2019 | Justice
Supreme Court Judge of Appeals Dave Smuts last week dismissed the appeal after hearing it in chambers on 3 July. In his judgment, Smuts said that “the inference is inescapable that the defendant's notice of appeal has been filed for the purpose of delay and to frustrate the plaintiff's (Huang) execution of its judgment duly given by the High Court and thus, constitutes an abuse of process.”
He described the appeal as so “unmeritorious” that it is an “exercise in futility” as well as being “vexatious” and “frivolous”.
He also ordered Jinhao to pay Huang's costs as well as the costs consequent upon noting an appeal against a judgment of the High Court.
The background to the matter is that Huang, through his company Sun Investments, sued Jinhao Investment for N$715 000, and Judge Shafimana Ueitele granted him payment of N$550 000 in March.
In his claim, Huang told the court that on 3 October 2016, a loan of N$550 000 was made to Jinhao for “business operations”.
Huang had set up Jinhao along with Nevonga and Itope on 27 October 2015.
The company was trading as Super Foods in Ondangwa.
The money was due to be paid back by 30 May 2018, which Huang says was not done, and thus he asked the court to enforce a payment of N$715 000, which includes 20% annual interest.
In his papers, he included a letter from Itope which acknowledged the debt, and that stated “we have been experiencing some financial hardships”.
Huang is also embroiled in a N$3.5 billion fraud and money-laundering case, which is still before the courts. Nevonga is the long-serving Namibia Public Workers Union (Napwu) secretary-general, while Itope is a former Ondangwa councillor. Huang's other lawsuit against Nevonga, Itope and Jinhao, over a total claim of N$3.7 million, is still ongoing in the High Court.
Huang was represented by Appolos Shimakeleni and Kadhila Amoomo appeared for Nevonga and Itope.