Congolese company sues Victor Malima, Eco Fuel for N$5 million fuel debt
Rita KakeloWindhoek
The Windhoek High Court has ordered Eco Fuel Investment, owned by fugitive Namibian businessman Victor Malima, to file its plea and any counterclaim to Orion Energy’s US$287 955.46 (about N$5 million) claim in undelivered fuel.
During Tuesday’s hearing at the Windhoek High Court, Judge Beatrix de Jager ordered Eco Fuel to file its defence by 17 October.
“Failure to deliver the plea in convention by the stated deadline will allow the plaintiff to set the matter down for default judgment, and the court may impose sanctions for non-compliance”.
The matter arises from a 2021 fuel supply agreement between the DRC-based Orion Energy and Eco Fuel.
According to Orion’s particulars of claim, the parties concluded a verbal agreement in Windhoek on 13 October 2021.
Orion, represented by Faisal Mohamed and Rabi Mohamed, says Eco Fuel, represented by Malima and Matheus Pendukeni Lyambo during the signing of the contract, agreed to supply 1 384 963 volumes of ULP95 and 1 051 785 volumes of diesel 50 ppm, with delivery to follow after payment, according to the lawsuit.
Orion said it paid US$1 365 000 (about N$23.9 million) in instalments between 21 October 2021 and 14 February 2022 and deliveries began on 29 October 2021.
By 14 March 2022, a spreadsheet signed by both sides recorded deliveries of 937 942 volumes of ULP95 and 930 733 volumes of diesel 50 ppm, court papers note.
Letter of demand
Orion alleges the outstanding balance is 447 021 volumes of ULP95 and 121 052 volumes of diesel, priced at US$241 391.34 (about N$4.22 million) and US$67 789.12 (about N$1.19 million), respectively.
It further claims a credit balance of US$309 180.46 (about N$5.4 million) was due to Orion, for which Eco Fuel issued a credit note.
An additional delivery worth US$21 225.00 (about N$371 438) on 19 March 2023, Orion says, did not clear the shortfall.
A letter of demand, dated 24 July 2024 went unmet, leading to the present claim for US$287 955.46 (about N$5 million), plus costs and further or alternative relief.
Mwilima fled Namibia about two months ago amid a wave of high-profile arrests linked to the Namcor-Enercon corruption scandal. He is believed to have escaped into Angola.[email protected]
The Windhoek High Court has ordered Eco Fuel Investment, owned by fugitive Namibian businessman Victor Malima, to file its plea and any counterclaim to Orion Energy’s US$287 955.46 (about N$5 million) claim in undelivered fuel.
During Tuesday’s hearing at the Windhoek High Court, Judge Beatrix de Jager ordered Eco Fuel to file its defence by 17 October.
“Failure to deliver the plea in convention by the stated deadline will allow the plaintiff to set the matter down for default judgment, and the court may impose sanctions for non-compliance”.
The matter arises from a 2021 fuel supply agreement between the DRC-based Orion Energy and Eco Fuel.
According to Orion’s particulars of claim, the parties concluded a verbal agreement in Windhoek on 13 October 2021.
Orion, represented by Faisal Mohamed and Rabi Mohamed, says Eco Fuel, represented by Malima and Matheus Pendukeni Lyambo during the signing of the contract, agreed to supply 1 384 963 volumes of ULP95 and 1 051 785 volumes of diesel 50 ppm, with delivery to follow after payment, according to the lawsuit.
Orion said it paid US$1 365 000 (about N$23.9 million) in instalments between 21 October 2021 and 14 February 2022 and deliveries began on 29 October 2021.
By 14 March 2022, a spreadsheet signed by both sides recorded deliveries of 937 942 volumes of ULP95 and 930 733 volumes of diesel 50 ppm, court papers note.
Letter of demand
Orion alleges the outstanding balance is 447 021 volumes of ULP95 and 121 052 volumes of diesel, priced at US$241 391.34 (about N$4.22 million) and US$67 789.12 (about N$1.19 million), respectively.
It further claims a credit balance of US$309 180.46 (about N$5.4 million) was due to Orion, for which Eco Fuel issued a credit note.
An additional delivery worth US$21 225.00 (about N$371 438) on 19 March 2023, Orion says, did not clear the shortfall.
A letter of demand, dated 24 July 2024 went unmet, leading to the present claim for US$287 955.46 (about N$5 million), plus costs and further or alternative relief.
Mwilima fled Namibia about two months ago amid a wave of high-profile arrests linked to the Namcor-Enercon corruption scandal. He is believed to have escaped into Angola.[email protected]
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