Nored wants NDC power bill paid
YANNA SMITH
There is an interesting matter before High Court Judge Marlene Tommasi where Nored is suing the Namibia Development Corporation (NDC) for just over N$3.7 million in unpaid electricity bills.
In its particular of claim, Nored says the debt, outstanding since 16 August 2011 when the agreement was first signed, was for the NDC’s Ondangwa site at Portion 1 Main Road, Tannery Industries Namibia.
However, the NDC in its papers, filed a special plea to the court. It says that it ceased to exist on 15 November 2018 as a legal entity by means of the Namibia Industrial Development Agency Act 16 of 2016.
Nored issued its “summons on 17 January 2019, approximately three months after the defendant ceased to exist as a legal entity, capable of being sued.”
It asked for the claim to be dismissed with costs; alternatively, the South African Prescription Act 68 should be applied. This law, applicable in Namibia, essentially means that if a debt exists and the creditor has, for three years, not made an effort to collect that debt, it becomes prescribed and is no longer your debt. Again, the NDC asked that in these premises, the claim be dismissed with costs.
Nored told the court that it had entered into an agreement with the NDC on 16 August 2011, represented by its CEO Fillemon Nakashole and Marcello Meneguzzo, a director at the NDC. It added it had regularly invoiced the NDC for its power usage but the company had defaulted on its payments.
The NDC however said that it had never been a tenant or owned Portion 1 Main Road in Ondangwa and moreover, had never applied for the connection supply from Nored. It added that Meneguzzo was never a director of the NDC and “did not have the authority to represent the NDC in that capacity whatsoever”.
It denied having been supplied electricity and defaulting on payments, adding it was not indebted to Nored in any way.
“The defendant had no contractual relationship with the plaintiff whatsoever and had not received electricity from the plaintiff. The defendant is not indebted to the plaintiff in the amount of N$3 763 984.76 or any amount whatsoever.”
A case plan order, issued on 3 April this year, instructed Nored to file its replication and plea, in response to NDC’s plea by 26 April. No documents were filed by yesterday when a case management conference was due to be held before Judge Tommasi.
Kaijata Kangueehi appears for Nored while the NDC is represented by Profysen Muluti.
There is an interesting matter before High Court Judge Marlene Tommasi where Nored is suing the Namibia Development Corporation (NDC) for just over N$3.7 million in unpaid electricity bills.
In its particular of claim, Nored says the debt, outstanding since 16 August 2011 when the agreement was first signed, was for the NDC’s Ondangwa site at Portion 1 Main Road, Tannery Industries Namibia.
However, the NDC in its papers, filed a special plea to the court. It says that it ceased to exist on 15 November 2018 as a legal entity by means of the Namibia Industrial Development Agency Act 16 of 2016.
Nored issued its “summons on 17 January 2019, approximately three months after the defendant ceased to exist as a legal entity, capable of being sued.”
It asked for the claim to be dismissed with costs; alternatively, the South African Prescription Act 68 should be applied. This law, applicable in Namibia, essentially means that if a debt exists and the creditor has, for three years, not made an effort to collect that debt, it becomes prescribed and is no longer your debt. Again, the NDC asked that in these premises, the claim be dismissed with costs.
Nored told the court that it had entered into an agreement with the NDC on 16 August 2011, represented by its CEO Fillemon Nakashole and Marcello Meneguzzo, a director at the NDC. It added it had regularly invoiced the NDC for its power usage but the company had defaulted on its payments.
The NDC however said that it had never been a tenant or owned Portion 1 Main Road in Ondangwa and moreover, had never applied for the connection supply from Nored. It added that Meneguzzo was never a director of the NDC and “did not have the authority to represent the NDC in that capacity whatsoever”.
It denied having been supplied electricity and defaulting on payments, adding it was not indebted to Nored in any way.
“The defendant had no contractual relationship with the plaintiff whatsoever and had not received electricity from the plaintiff. The defendant is not indebted to the plaintiff in the amount of N$3 763 984.76 or any amount whatsoever.”
A case plan order, issued on 3 April this year, instructed Nored to file its replication and plea, in response to NDC’s plea by 26 April. No documents were filed by yesterday when a case management conference was due to be held before Judge Tommasi.
Kaijata Kangueehi appears for Nored while the NDC is represented by Profysen Muluti.
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