Man fights for mahangu field
Lukas Johannes, who is fighting a legal battle over a piece of land with Stantoll Properties, a company owned by northern businessman Ben Zaaruka, claims the matter does not qualify to be heard by the court on an urgent basis.
Johannes, in papers filed this week by his lawyer Henry Shimutwikeni, says that the arguments presented for an urgent application are not valid.
The fight is over who is the rightful owner of Erf 6315 in Ongwediva's Extension 13.
Stantoll Properties on 6 March brought an urgent application in the Oshakati High Court to interdict Johannes and his family from interfering in the extension of their shopping mall.
Zaaruka claims that he rightfully owns the land, which he bought from the Ongwediva town council for N$1.4 million on 14 September 2010.
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,” Johannes submitted.
“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,” it further reads.
Johannes argues that the court should not entertain Stantoll Properties' urgent application 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.
Johannes maintains that the two-hectare piece of land in question forms part of his mahangu field and that he was never compensated for it.
Johannes this week 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 this matter.
Yesterday, the matter was heard in the Oshakati Magistrate's Court via video conferencing where Deputy Judge President Hosea Angula postponed the matter to 30 August for hearing.
Wilmarie Horn, acting for Stantoll Properties, informed the court that Shimutwikeni only filed his heads of argument on 14 August although they had been due on 6 August. Angula ordered Johannes's legal team to rectify the issue by Friday and that Horn file her supplementary heads of argument.
KENYA KAMBOWE
Johannes, in papers filed this week by his lawyer Henry Shimutwikeni, says that the arguments presented for an urgent application are not valid.
The fight is over who is the rightful owner of Erf 6315 in Ongwediva's Extension 13.
Stantoll Properties on 6 March brought an urgent application in the Oshakati High Court to interdict Johannes and his family from interfering in the extension of their shopping mall.
Zaaruka claims that he rightfully owns the land, which he bought from the Ongwediva town council for N$1.4 million on 14 September 2010.
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,” Johannes submitted.
“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,” it further reads.
Johannes argues that the court should not entertain Stantoll Properties' urgent application 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.
Johannes maintains that the two-hectare piece of land in question forms part of his mahangu field and that he was never compensated for it.
Johannes this week 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 this matter.
Yesterday, the matter was heard in the Oshakati Magistrate's Court via video conferencing where Deputy Judge President Hosea Angula postponed the matter to 30 August for hearing.
Wilmarie Horn, acting for Stantoll Properties, informed the court that Shimutwikeni only filed his heads of argument on 14 August although they had been due on 6 August. Angula ordered Johannes's legal team to rectify the issue by Friday and that Horn file her supplementary heads of argument.
KENYA KAMBOWE
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