Businessman and former director of C-Sixty Investments (now Nuska Technologies), Tironenn Kauluma is demanding N$201 487 from the diamond valuing company.
Kauluma, in court papers seen by The Brief, claims that he used his personal money to pay value added tax (VAT) for a vehicle the company purchased for him from South Africa.
The luxury vehicle, a second-hand BMW X5M, was purchased in 2017 for N$1,655,078.31 inclusive of value added tax.
Kauluma in court documents says from 28 June 2016 to 16 October 2020, he was a 50% shareholder and Managing Director of C-Sixty Investment (Pty) Ltd.
“During August 2017, I, together with the Defendant’s other director, Ben Ulenga as the board of the company, resolved that the company on behalf of its directors, conclude instalment sale agreements with Bank Windhoek, in terms of which agreement the bank will finance vehicles for its two directors being myself and Ulenga,” Kauluma said.
It is further his testimony that in terms of the agreement, the company would on behalf of him and Ulenga pay for the installments of the vehicles, which would be registered into their names, subsequently becoming their sole and exclusive properties.
He argued that because the vehicle was to be purchased in South Africa, he was personally liable to pay for the value added tax of the transaction.
“Due to the fact that the transaction is concluded in the name of the company for purposes of the ISA, the company shall claim the refund of such VAT on behalf of the Plaintiff, and pay the same to the Plaintif,” Kauluma claims.
He has since submitted proof that he in August 2017 paid the VAT amount to the Supplier from Sandton, South Africa and the vehicle was delivered and registered on his name in September that year.
Kauluma added that his troubles with Nuska Technologies began four months before he sold his shares to the new owners of the company when the company submitted a refund claim to the VAT refund administrator on his behalf, of which the money was electronically transferred in July 2021.
He said the company is now refusing to pay him his money, even though it is not entitled to it.
“In the premises, the defendant was enriched at my expense and I was impoverished in the amount of N$201,487.97. The aforesaid enrichment was without cause,” said Kauluma, who is being represented by Veiko Alexander.
Richard Steinbach is representing the defendants, who are yet to respond to the case which is before Judge Thomas Masuku.
