High Court orders businessman to refund N$ 170 000

07 Aug 2013 11:40
OSHAKATI, 08 AUG (NAMPA) – Businessman Cornelius “Haitembu” Nauyoma on Tuesday scored a victory in the High Court here where he faced a fellow businessman Niklas “Tuuto” Ndafediva for defrauding him in the sale of an Iveco bus in June 2009.
Nauyoma told Nampa that he bought a white Iveco bus with registration number N7414W from Ndafediva on 08 June 2009 at a cost of N.dollars 170 000 to engage into the passenger transportation business.
He used the bus to transport people between northern Namibia and Windhoek since 2009, before it was confiscated by messengers of a local commercial bank on 21 November 2010.
Nauyoma said one of the messengers, Jan Liebenberg, told him during the confiscation of the bus that it was the property of Nedbank and, as such, it has to be taken back to that bank.
“The bus was full of passengers including myself and the driver when it was confiscated some 30km from Ondangwa on the way to Windhoek,” Nauyoma explained.
He later learned that Ndafediva sold the bus to him before settling the bank loan he received to buy the same bus.
Ndafediva has been failing to pay Nauyoma’s N.dollars 170 000 after he was requested to do so. Therefore, Nauyoma took up the matter with the High Court, which on Tuesday finally ordered Ndafediva to refund him.
The court ordered Ndafediva to pay N.dollars 3 000 immediately after the two have signed the settlement agreement on Tuesday.
He was also ordered to pay N.dollars 20 000 on or before the 31st of this month and then monthly installments of N.dollars 5 000 on or before the 3rd of each and every month until he finish paying back Haitembu’s money.
The court also ordered the two to pay their own legal costs, and not press further claims against each other.
Nauyoma and Ndafediva are both residents of the Ongha village in the Ohangwena Region.