SWAKOPMUND – Troubled Hodago Fishing firm has been dragged to court by Zambian company Delmare Group Limited in a bid to stop it from delivering or offering 600 metric tonnes of horse mackerel to the Social Fund of the Democratic Republic of the Congo (FSRDC).
The Fund is a public social institution established in 2002 and operates as an implementing agency under the authority of the president of the DRC. It is cited as the second respondent in the matter.
According to court documents, Delmare approached the High Court in February, seeking to block the deal valued at about N$15 million.
The fish is currently being held in cold storage in Walvis Bay under a preservation order granted by the court.
Court papers show that Delmare advanced approximately N$26 million to Hodago Fishing under a supply and financing agreement concluded in June 2025.
Delmare initially sought urgent relief to preserve approximately 1 463 metric tonnes of horse mackerel, but the dispute currently before the court relates to about 600 metric tonnes of stock held in cold storage in Walvis Bay.
Delmare states that, in terms of the agreement, ownership of the fish vests in them immediately upon being caught, provided the required advance payments have been made. It further argues that Hodago Fishing is contractually bound to deliver the stock exclusively to Delmare and is prohibited from transferring it to any third party.
“If the stock is delivered to the second respondent, the applicant will be compelled to pursue enforcement against a sovereign foreign fund in a foreign jurisdiction, with all the attendant difficulty and uncertainty that entails,” Delmare stated in its founding affidavit.
Delmare’s representative Sahadevan Mukkudakattil stated in the papers that approximately US$851 515.35 (around N$14 million) remains outstanding under the agreement.
He further argues that urgency is justified due to the perishable nature of the product.
He stated: “The stock is fish, which are perishable. The passage of time is itself the harm”.
Hodago’s defence
Hodago Fishing, in its answering affidavit deposed by director Ernst Kubirske, disputes both the contractual interpretation and Delmare’s claim of ownership over the stock.
Hodago furthermore does not accept that Delmare has made out a case for final relief.
They argue that the application is based on a wrong interpretation of the Supply and Financing Agreement concluded in June 2025.
Kubirske said Delmare’s entitlement under the agreement is limited and conditional and does not extend to the full consignment currently held in cold storage.
Hodago explained that it does not hold its own fishing quota but operates through quotas allocated to associated entities, with ownership of fish vesting in the relevant quota holders.
The company, in its defence, stated that Delmare’s entitlement is capped at 500 metric tonnes, after which its contractual rights fall away.
“The applicant has failed to make out a case for the final relief sought. The first respondent is not the holder of any fishing rights nor fishing quota. Delmare’s rights under the agreement are capped to the delivery of 500MT,” he said.
Hodago states that the stock was not reserved for a single buyer but was caught under different quota arrangements linked to various entities.
Hodago further states that the stock was caught under different quota arrangements linked to various entities.
The company then asked the High Court to dismiss the application or, alternatively, strike it from the roll, with costs.
They argue that material disputes cannot be resolved on affidavit.
The matter was postponed to 28 April by High Court Judge Nate Ndauendapo to allow the filing of a supplementary affidavit and further exchange of court papers between the parties.