Nigerian pastor sued, charged with forgery

A married couple are suing the pastor and the Life Changing Christian Church in Dorado Park for an alleged breach of a lease agreement, and for failure to pay monthly rental fees.

While this matter is being heard in the High Court, Isaac Onwordi, the pastor of the church, who is a Nigerian national, is also expected to appear in the Magistrate's Court in Windhoek on 16 October 2018 on charges of forgery.

In this matter, it is alleged Onwordi forged a document for ownership of a N$1.5-million residence in Windhoek which is said to belong to the Arnat couple, Gervasius and Fransizka, who were members of his Katutura-based church. Currently Onwordi, and his wife, Suama, are on N$10 000 bail with stringent conditions.

In the civil case in the High Court the Arnats are seeking a court order confirming the cancellation of the lease agreement and an order to eject the pastor and his wife from the residence on erf 148, Antilla Street, Dorado Park, Windhoek.

In their particulars, the Arnats claim that Onwordi entered into an agreement for the Onwordis to lease the residence to conduct religious activities.

The agreement, among others, stipulated that each party had the right to terminate the agreement with one month's notice and that Onwordis would pay the monthly rental on or before the first of each month.

Further terms were that the pastor and his wife would, upon the termination of the lease agreement, vacate the premises. Other stipulations included the maintenance of the premises and that the tenants were not allowed to bring about any structural alterations to the building without the written consent of the owners and the approval of the City of Windhoek.

The Arnats allege that the Onwordis breached the agreement in that they made substantive structural changes to the building without their written consent or approval of the City of Windhoek.

“The conduct constitutes a material breach of the agreement and violation of the law,” the Arnats maintained.

The Arnats on 30 April 2016 cancelled the lease agreement and the Onwordis' right to occupy the property. However, they refused to vacate the premises and have, to date, remained in unlawful occupation of the place.

In their counterclaim, the Onwordis say the claim by the Arnats does not disclose cause of action and lacks the necessary allegation as to when, where and by whom the lease agreement was concluded.

There is allegedly a lack of necessary allegation as to what the agreed fixed rental amount was as well as the period of lease.

It is further alleged the Arnats also do not provide any details or proof of the alleged restrictions towards making or causing of any structural alterations or improvements on the property.

They say the Arnats have failed to prove or provide any details about the manner in which the defendants allegedly breached the material terms of the lease agreement.

“No clear allegations are made as to the manner in which we have breached the agreement,” the Onwordis maintained.

They stated the Arnats have not clearly and concisely provided any proof as to what structural improvements were made by them.

“Neither have the plaintiffs provided any details of what law or which law has been violated,” the respondents argued.

They further challenge the plaintiffs to prove that they (plaintiffs) complied with the terms of the agreement and that Onwordis breached the material terms of the agreement.

FRED GOEIEMAN