Zaaruka gets interdict on Ongwediva land

08 March 2018 | Justice

The Oshakati High Court yesterday barred an Ongwediva family from a piece of land that was bought in 2010 by Stantoll Properties, owned by businessman Ben Zaaruka.

Judge Maphios Cheda made the ruling in favour of Stantoll Properties, which had lodged an urgent court application to interdict Lukas Johannes from occupying a section of Erf 6315.

Stantoll Properties claimed it had bought the land, which measures two hectares, from the Ongwediva town council for about N$1.4 million in 2010.

Johannes, however, maintained they were not fairly compensated for the land. The family is demanding N$3.7 million instead of the N$10 000 offer they received from the council for the land.

The businessman wants to extend his shopping mall on the land.

Zaaruka claimed he had signed pre-contracts with various international companies to lease phase two of Oshana Mall by August this year.

Attorney Wilmarie Horn, who represented Stantoll Properties, argued that the company would suffer huge financial losses which could lead to bankruptcy.

Horn also argued that if the companies that are expected to move into the new shopping complex by August took action against Stantoll Properties, it would leave her client with no other option but to sue the town council.

Marcia Amupolo, who represented Johannes, argued that Stantoll Properties did not have legal rights over the land in question because there was an unresolved dispute between her client and the Ongwediva town council.

The two legal teams were asked to consult and come up with a date within the next two weeks for the case to be heard.

KENYA KAMBOWE

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