An elderly woman, who is about to lose her house after it was sold fraudulently to a third person by her biological daughter, is suing the new owner for the return of her house in Katutura.
Rebecca Beukes wants the Windhoek High Court to set aside the transfer of Erf 1407, Katutura, in the name of her daughter Floritha Beukes.
Floritha is currently in custody in the Walvis Bay prison on a conviction of murder.
She is not defending the lawsuit.
The second defendant, Richard Gaogoseb, is defending the suit and instituted a countersuit in which he claims the cost of the suit and the refund of the money he paid for the house in question.
According to court documents, he paid an amount of N$360 000 to Floritha in December 2019 for the house.
According to him, Floritha informed him the house was “donated” to her by her mother, and that the occupants of the house do not contribute anything towards the upkeep of the house and the utilities – and that is why she decided to sell.
Rebecca, however, denied this claim, saying she never “donated” the house to her daughter.
According to her, her daughter misled her by having her sign documents that allegedly related to her late husband’s pension money, who was employed by the Namibia Defence Force.
The elderly woman said she was brought to an office in the centre of Windhoek, where she was made to sign various documents by her daughter.
“I cannot speak or write English, and I believed everything my daughter told me,” she said.
According to her, she only realised she was duped in December 2019 when Goagoseb showed her the deed of sale.
She is, thus, asking the High Court to revoke or cancel the deed of donation and for an order directing Floritha to refund Goagoseb N$360 000 in respect of the purchase price, sign all documents and take all other steps to transfer the property back into her name.
In respect of Goagoseb, she is asking the court to cancel the sale agreement between him and Floritha, and take all necessary steps to transfer the property back into her name and cost of the suit.
Goagoseb, in his counterclaim, states he remains innocent of the allegation of impropriety made against him and says he acted in good faith when he purchased the property from Floritha Beukes, who was the registered owner of the house.
According to him, he is suffering because of Rebecca’s conduct, who has not even made out a valid claim against him.
In the circumstances, he said, he will claim the monies he already spent towards the purchase of the house from Rebecca, as he cannot claim it from Floritha, who is currently incarcerated and will be for a very long time.
He is also asking the court for a cost order.
Rebecca is represented by Ileni Velikoshi and Goagoseb by Milton Engelbrecht.
Windhoek High Court acting Judge Collins Parker is presiding.