Tenants still accommodated at the Endombo compound in Tsumeb have been served with a final eviction notice by the owner of the property, Christo Groenewald.
The tenants have been given until next week Monday to vacate the property. The final eviction notice was issued on 30 November. Tenants were given a week’s notice until 7 December to leave or risk forceful removal. The messenger of the court also notified the police who have since granted authorisation to carry on with the planned eviction, according to a letter seen by New Era. Tsumeb residents, however, plan to hold a demonstration today against the move.
In September, the High Court ruled in favour of Groenewald after tenants challenged their eviction. In court papers, Groenewald testified that “as at 6 May 2020, the total outstanding unpaid rental owed by the defendants stood at N$684 360 and the amount increases with N$17 000 per month”. Groenewald had served notices on the tenants, calling on them to honour their lease obligations but to no avail.
This prompted the landlord to issue lease-termination notices to which the tenants strongly objected. Tenants have been disputing Groenewald as the legitimate owner of the property, while they have also taken issues with the rental increment. Another reason cited in court papers was the failure for the landlord to renovate the property despite several requests.
The tenants further argued the property was not designated as habitable. Having heard arguments from both parties at the time, High Court Judge Boas Usiku in his judgement delivered on September 11, granted the plaintiff relief and the matter was removed from the court roll. Usiku then granted an order for the 20 tenants to vacate the compound by 30 September, of which failure to adhere, the deputy sheriff for the district of Tsumeb would be authorised and directed to evict them.
“The defendants and all persons holding under them, are evicted from the respective units and from the immovable property as more fully described in Deed of Transfer No.T.3258/2006,” read part of the judgment. In addition, the defendants were ordered, jointly and severally to pay the costs of the suit for the plaintiff, including wasted costs of the 11 and 12 May 2020 and such costs included costs of one instructing and one instructed counsel.