Standard Bank says former Oshakati mayor, Katrina Shimbulu, failed to fulfil all obligations to purchase a 4007.3421 Hectare farm from the bank.
This was after Shimbulu had approached the Windhoek High Court seeking to set aside an advert in which the bank and the deputy sheriff of Outjo wanted to sell the farm, which she claims she paid over N$700 000 in 2019.
Standard Bank and the deputy, through their lawyer Patrick Kauta, said Shimbulu’s particulars of claim do not disclose a cause of action, nor do they make the necessary allegation to sustain a cause of action.
They contend that the claim must be clear as to what the facts are that are pleaded in support of the legal claim.
“It is clear that the waiver was obtained on 8 October 2020. Consequently, the purchase price became due and payable on 8 October 2020 or within 14 days from 8 October 2020. The Plaintiff fails to plead that she furnished the deputy sheriff with a bank guarantee, approved by standard bank’s attorney within 14 days from the date of obtaining the waiver,” Kauta argues.
The lawyer argued that although Shimbulu pleads that she only partially complied with the relevant suspensive condition when her partial compliance occurred on 11 May 2020, 26 February 2020, 8 February 2020, and 11 June 2020, which was over the agreed 14 days.
This was after Shimbulu had lodged an application arguing that the purchase price of the farm was N$4.6 million , and that the sale would be in force if she paid 10 percent of the full amount.
Farm Jannie No. 365 was sold to Shimbulu by the deputy sheriff of Outjo on a public auction, on behalf of standard bank, in respect of a writ of auction. It previously belonged to one Willem Grownewald and Christina Grownewald, court papers indicate. Shimbulu claims she paid a total N$ 711 000 to the deputy sheriff of outjo, for waiver and commission for the sheriff after signing the agreement and subsequently took ownership and possession of the farm.
Shimbulu, however, said she was shocked to see an advert in a local daily newspaper in February this year, announcing that the farm would be auctioned off in March. This, she says, is because the sale agreement entered into between the parties was not cancelled.
According to her, to fully comply with the sale agreement, she applied to Agribank Namibia for a loan, which she says was approved in March last year. She however insists that Agribank has been delaying the approval and to date has not received a written response from them.
Shimbulu further argues that Standard Bank has been aware of the delay. She says she has since approached other commercial banks to seek funding for the remainder of the purchase price.
She now claims that the deputy sheriff enriched himself with the N$ 700 000 she paid and disregarded the money she paid. Shimbulu is asking the high court to terminate any sale agreements made for the sale of the farm to any other parties as the auction was unlawful. She also wants the auction outcomes interdicted pending the finalization of her lawsuit, while demanding that the agreement she entered into with the parties is legal and still binding.
Alternatively, Shimbulu says in court documents filed by her lawyer Henry Shimutwikeni that she wants a refund of the money she paid.
