Lawyer seeks farm eviction order
A Windhoek lawyer is seeking an eviction order against an auctioneer and two others, who she wants ejected from her farm in the Dordabis area in Khomas Region, while also claiming her signature was forged on a sales agreement.
Lucia Hamutenya is seeking an eviction order against Namboer Dordabis Auctioneers CC, Piet Coetzee and Alex McDonald.
“I am the lawful and registered owner of portion 27 of portion 26 Farm Dordabis. The defendants have no right to continue occupying my farm as their rights to remain on the premises had expired at least on or before 19 February 2016, once the suspension conditions of (an earlier) agreement were not fulfilled,” Hamutenya said in her High Court papers.
According to her the defendants allege they entered an addendum to the memorandum of agreement, which was executed on 17 May 2013, in which she agreed to sell them the farm for N$100 000.
“I have looked at the purported addendum and denied it was ever signed or executed by myself. It is not me who signed it,” she said.
She added it does not have any stamp, as required in terms of the Stamp Duties Act.
“”It is thus inadmissible as a matter of law and cannot be relied on.”
Hamutenya argued an agreement entered into with suspensive conditions is null and void and unenforceable, as the statutory preconditions were not complied with and followed.
“The parties had therefore no right to enter into such an agreement prior to the relevant statutes being complied with,” she said.
She further said that if there are any improvements on her property, they were not permanent and there was in any event no agreement between the parties for compensation.
The defendants claim the addendum, dated 13 February 2013, saw the parties agreeing on a purchase price of N$100 000 for the farm.
They further alleged it was agreed that the seller is obliged to sign all transfer documents for the purpose of transferring the property, once the transfer documents were prepared by Diekmann Associates.
The addendum states the seller and purchaser agree that the period for fulfilment of all suspense conditions of the agreement shall be no longer than 36 months, but shall endure until 1 March 2033.
However, Hamutenya denies the purported addendum and that it was ever signed or executed by her.
She is expected to file an amended application today and the case is postponed to 6 September for a pre-trial hearing.
FRED GOEIEMAN
Lucia Hamutenya is seeking an eviction order against Namboer Dordabis Auctioneers CC, Piet Coetzee and Alex McDonald.
“I am the lawful and registered owner of portion 27 of portion 26 Farm Dordabis. The defendants have no right to continue occupying my farm as their rights to remain on the premises had expired at least on or before 19 February 2016, once the suspension conditions of (an earlier) agreement were not fulfilled,” Hamutenya said in her High Court papers.
According to her the defendants allege they entered an addendum to the memorandum of agreement, which was executed on 17 May 2013, in which she agreed to sell them the farm for N$100 000.
“I have looked at the purported addendum and denied it was ever signed or executed by myself. It is not me who signed it,” she said.
She added it does not have any stamp, as required in terms of the Stamp Duties Act.
“”It is thus inadmissible as a matter of law and cannot be relied on.”
Hamutenya argued an agreement entered into with suspensive conditions is null and void and unenforceable, as the statutory preconditions were not complied with and followed.
“The parties had therefore no right to enter into such an agreement prior to the relevant statutes being complied with,” she said.
She further said that if there are any improvements on her property, they were not permanent and there was in any event no agreement between the parties for compensation.
The defendants claim the addendum, dated 13 February 2013, saw the parties agreeing on a purchase price of N$100 000 for the farm.
They further alleged it was agreed that the seller is obliged to sign all transfer documents for the purpose of transferring the property, once the transfer documents were prepared by Diekmann Associates.
The addendum states the seller and purchaser agree that the period for fulfilment of all suspense conditions of the agreement shall be no longer than 36 months, but shall endure until 1 March 2033.
However, Hamutenya denies the purported addendum and that it was ever signed or executed by her.
She is expected to file an amended application today and the case is postponed to 6 September for a pre-trial hearing.
FRED GOEIEMAN
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