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.


Similar News


Mass action against Swakop Uranium

1 day - 12 December 2018 | Justice

Swakop Uranium is being dragged to court by 706 of its workers in two different matters, with claims totalling more than N$53 million.Yesterday, at a...

Nghiwete fights back

2 days ago - 11 December 2018 | Justice

Suspended CEO of the Namibia Students Financial Assistance Fund (NSFAF), Hilya Nghiwete, has filed an application with the High Court in which she claims that...

Oontamanana pokati kehangano lyaNamib Mills naBokomo

2 days ago - 11 December 2018 | Justice

Mondukumende dhawo dhompangu, menindjela gwomalanditho moNamib Mills, Pieter van Niekerk, okwa popi kutya kashi li mondjila pamulandu gwomathigathano mongeshefa Bokomo Namibia a longithe oombaapila dhokupakela...

Millers in vetkoek fight

6 days ago - 07 December 2018 | Justice

Namib Mills is suing Bokomo Namibia for alleged unfair competition and wants the High Court to interdict Bokomo from selling its 'vetkoek flour mix' in...

Six-month 'payment holiday' mooted

6 days ago - 07 December 2018 | Justice

The government has urged commercial banks to introduce an assistance scheme that would give people who lose their jobs a six-month “payment holiday” in which...

Back to court in fight to evict illegal settlers

6 days ago - 07 December 2018 | Justice

The legal battle to evict seven Gam farmers accused of illegally occupying parts of the Nyae Nyae communal conservancy for nearly a decade is set...

No docket in court for child-rape case

6 days ago - 07 December 2018 | Justice

Alleged serial rapist Gewen Gawa-nab (24) appeared before the Katutura Magistrate's Court on Wednesday but the docket was not available and Magistrate Loide Amwaandi-Ndangi had...

Lecturer denied bail after shootings

1 week ago - 06 December 2018 | Justice

A 44-year-old Unam lecturer, who allegedly shot and injured two men on Monday night in Rundu's Kehemu location, was denied bail by the Rundu Magistrate's...

Sale in execution turns sour

1 week ago - 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...

Personally liable

1 week ago - 05 December 2018 | Justice

Deputy Chief Justice Petrus Damaseb has warned magistrates and judges that they could be held personally liable if they are found guilty of negligence and...

Latest News

Cops heavily in debt

11 hours ago | Police

The police chief, Lieutenant-General Sebastian Ndeitunga, yesterday gave President Hage Geingob a frank overview of the tragic state of affairs in the force.According to him...

Iilonga hailed as steadfast, courageous

11 hours ago | People

Tributes are pouring in for struggle veteran Petrus Iilonga, who died on Tuesday evening at the age of 71.Iilonga was a former trade unionist and...

Another tough half-year for Nictus

11 hours ago | Business

Jo-Maré Duddy – The recession continued eroding the profit of Nictus Holdings in the first six months of its current financial year, but its impact...

Our big-spending defence ministry

11 hours ago | Columns

Recent calls by parliamentarians in the National Council to increase the defence budget make for interesting reading. Onesi constituency councillor Titus Kanyele recently suggested more...

At your fingertips

11 hours ago | Technology

Yolanda Nel - After a break-in at her home three years ago, an entrepreneur decided to develop an app that provides emergency contact numbers at...

B1 crash claims three

11 hours ago | Accidents

Three men died on the Okahandja-Otjiwarongo road yesterday morning when their vehicles collided after one of the cars had crashed into a cow standing in...

Namvet to play politics

11 hours ago | Politics

The Namibia War Veterans Trust (Namvet) says it is considering entering the political fray by participating in the 2019 national elections after all attempts to...

Communities in dire need of...

11 hours ago | Disasters

Several areas have been identified as “hot spots” where communities are suffering from chronic water shortages and emergency water assistance is required. Agriculture...

Africa Briefs

11 hours ago | Economics

Tanzania to sign deal for power plantTanzania will sign a deal this week for the construction of a US$3 billion hydroelectric power plant, president John...

Load More