Sale in execution turns sour

06 December 2018 | Justice

In an urgent application in the High Court yesterday, Old Mutual Holdings was accused of acting unreasonably and without justification after the company withdrew instructions to register a property sold on auction.

Old Mutual, it is said, was apparently unhappy with the price the property was sold for. In his founding affidavit, the applicant in the matter, Andre Harris, told the court that on 11 September this year, he purchased the property at 85 Frans Indongo Street for N$4.6 million, at a public auction following foreclosure. He signed the conditions of sale and paid the required deposit and auctioneer fees. Harris is suing Old Mutual, the law firm Etzold-Duvenhage, the deputy sheriff for Windhoek and H. Hendricks Investment CC. He said the deputy sheriff had sold the property on behalf of Old Mutual after Etzold-Duvenhage, acting for Old Mutual, had demanded N$6.5 million against H. Hendricks Investment on the said property. However, Harris said the “property was sold without a reserve price”.

He explained that he tried to get the keys to the property on 12 September but was informed by the deputy sheriff that he could not “immediately take possession of the property because there was a legal dispute”.

What followed was several meetings and lawyers' correspondence until a meeting on 28 September where Harris says Old Mutual asked him to “negotiate a purchase price that was more in line with the amount owing by H. Hendricks Investment”, as they were unhappy with the selling price achieved at the auction. Harris said he made a privileged settlement proposal.

On 5 October, Etzold-Duvenhage informed his lawyer that they had embarked on the process of transferring the property and that on 22 October, the deputy sheriff placed him in possession of the property. Following this, the transfer was delayed because the structure had failed the City's building compliance regulations. This Harris said, he attended to and paid for.

However, by 12:30 on 30 November, after he had delivered the clearance and compliance certificates, Etzold-Duvenhage informed his lawyer that Old Mutual had terminated their mandate to proceed with the transfer of the property.

“We are now under instructions not to proceed with the transfer in view of the intended review application to brought by our client.”

According to Harris, it was no longer Old Mutual's mandate, but in fact the responsibility of the deputy sheriff. Furthermore, the deputy sheriff had signed all the necessary documents for the transfer to be completed. According to Harris, a valid sale was effected and the transfer of the property must be executed according to the conditions of sale and the law. “Should any party wish to set aside the sale or prevent the registrar of deeds from transferring the property into my name, such a party must approach the court and obtain and appropriate court order.”

With regard to his urgency, the last date to lodge documents for transfer at the deeds office was yesterday. Furthermore, his concern was about the festive season, saying he had already spent thousands on the property and that it is risky to spend thousands on security if the property is not in his name.

“I will suffer economic prejudice if the transfer of the property is not completed this year.”

All the respondents in the matter have filed an intention to oppose, save for the deputy sheriff.

Helena Iifo from AngulaCo. Incorporated appears on behalf of Harris while Judge Thomas Masuku presides.

YANNA SMITH

Similar News

 

Namibian pleads not guilty to US sex charges

23 minutes ago | Justice

A Namibian student studying in America has pleaded not guilty to the sexual assault charges he faces, including the exploitation of a minor. In...

Katrina's lawyer plays political card

23 minutes ago | Justice

Education minister Katrina Hanse-Himarwa, who stands accused of corruption, will hear on Monday, 8 July whether the court has found her guilty. Concluding...

Former Swapo deputy minister in hot water

23 minutes ago | Justice

Former deputy land reform minister Theo Diergaardt and his co-accused Willem Cloete made a brief appearance in the Windhoek Magistrate's Court on Tuesday on charges...

Prisoner hid 'powdered milk' in his rectum

1 day - 22 May 2019 | Justice

A Windhoek prisoner is suing the ministry of safety and security and a police officer for N$250 000 in damages on the basis that he...

Katrina's corruption trial draws to a close

1 day - 22 May 2019 | Justice

Closing arguments in education minister Katrina Hanse-Himarwa's corruption trial were made in the High Court yesterday, with defence lawyer Sisa Namandje warning that “exaggerated rumours...

Cases pile up at Oshakati

1 day - 22 May 2019 | Justice

A shortage of magistrates at the Oshakati Magistrate's Court has been blamed for the postponement of several cases since April. A clerk from the...

Ompumbwe yoomangestrata mOshakati

1 day - 22 May 2019 | Justice

ILENI NANDJATOOmpumbwe yoomangestrata mompangulilo yaShakati, oya etitha eundulilo komeho lyiipotha, okuza muApilili nuumvo.Omunambelewa okuza mompangululo moka okwa lopotwa ta longo pehala lyamangestrata na ota undulile...

Namibians remanded for uncut diamonds named

1 day - 21 May 2019 | Justice

ELLANIE SMIT Two Namibians arrested over the weekend in South Africa for allegedly being in the possession of uncut diamonds worth N$1.5 million have been...

ACC defends 18-tonne timber seizure

2 days ago - 21 May 2019 | Justice

The Anti-Corruption Commission (ACC) is defending its seizure of 18 tonnes of rosewood imported into Namibia for shipment to China because it was part of...

Bruwer nabbed for housebreaking

2 days ago - 20 May 2019 | Justice

Former Brave Warriors goalkeeper Denzel Bruwer (42) was denied bail on a charge of housebreaking with the intent to steal and theft when he appeared...

Latest News

Namibian pleads not guilty to...

23 minutes ago | Justice

A Namibian student studying in America has pleaded not guilty to the sexual assault charges he faces, including the exploitation of a minor. In...

Malaria cases drop

23 minutes ago | Health

Cases of malaria have dropped significantly in the two Kavango regions, with only 1 120 cases recorded so far this year, while over 6 000...

Students taken for a ride

23 minutes ago | Columns

The plight of poor Namibian students has always been a hot topic in the media. Many have been barred from writing exams at tertiary institutions...

Worst drought since 1930

23 minutes ago | Disasters

Low rainfall in the Khomas Region has plunged the area around Windhoek into the second worst drought in a century. Several other regions are...

Government woes hit VTC graduations

23 minutes ago | Education

Graduation ceremonies at government vocational training centres have been placed on hold since last year, because of ongoing economic woes. This is according to...

Katrina's lawyer plays political card

23 minutes ago | Justice

Education minister Katrina Hanse-Himarwa, who stands accused of corruption, will hear on Monday, 8 July whether the court has found her guilty. Concluding...

Internships back in govt

23 minutes ago | Government

Prime Minister Saara Kuugongelwa-Amadhila has directed the lifting of the internship programme ban in the public sector from 1 June.She instructed in a notice that...

Submit forms or face farm...

23 minutes ago | Agriculture

The agriculture ministry has urged farmers to urgently submit their outstanding animal health declaration forms, saying a failure to submit them can result in farm...

Police nab eight drug suspects

23 minutes ago | Crime

Eight suspects were arrested this past weekend for allegedly being in possession of illegal narcotics, including crack cocaine.The majority of the arrests were made in...

Load More