A legal battle is looming in the High Court between a widow and a tenant who refused to vacate a rented property, which he claims he bought for N$6 000
Relatives of the late Wilbard Shilunga from Oshaala in the Onesi constituency fear losing their Walvis Bay house, as the tenant refused to vacate the family house.
Shilunga’s widow Aina David is now seeking financial assistance, as she is expected to appear in the High Court on 3 June 2021.
She said her hope for securing legal representation was with government.
However, her application was rejected because government’s legal aid does not deal with civil cases. David is a pensioner and her only income is the monthly pension grant she receives from government.
Tenant Thomas Kaputa is dragging David to court to obtain an order that will pave way for the 67-year-old to transfer the property to his name.
However, information left by the late Shilunga is denying having sold the house in Kuisebmund to Kaputa, who was by then a tenant, renting in the main house.
“My husband told me before he passed on that Kaputa is refusing to vacate the property because he is claiming he also put his resources to maintain the property and agreed to sell it to him for N$6 000, which is not true,” she said. She, however, said in 2003 the late Shilunga told her he lost his income after the company he was working for closed and that he had asked Kaputa N$6 000 so he can travel to the north.
He, however, said the verbal agreement was to lease and no written agreement to sell the house exists.
The agreement was that Kaputa would live in the house for free so that he can assist him to collect the rentals from other tenants, she said. According to David, there are 15 shacks of tenants on the property, with each structure being leased for N$1 500 per month.
Documents from the National Housing Enterprise (NHE) show the property is still in Shilunga’s name and the house has been paid off in 2014.
The widow said, in 2015, her husband requested Kaputa to move out of the house because he wanted the full house to be rented to make additional income for the family as well as his medical expenses.
“However, Kaputa refused to move out, saying he had been there for a very long time and that he also gave him N$6 000 in exchange for the house to be his. Hence, he insisted that the house must be registered in his name,” she said. She further added that around February, Kaputa took Shilunga to court, demanding that the house be transferred to his name.
She said during their first court appearance, Shilunga informed her that Kaputa brought a false signed sales agreement between him and Shilunga, which claimed to be proof of the sale of the property.
Shilunga died in 2018 and his lawyer requested the widow to carry on with the husband’s case. However, Shilunga’s lawyer told her that they could not continue representing the case, further advising her to seek other regal representatives.
David approached local lawyer Kadhila Amoomo, who presented her twice in the High Court. However, she said due to lack of funds, Amoomo pulled out.
On the other hand, David claimed Kaputa, through his lawyer, offered David an opportunity to buy the house from him for N$385 000.
David, through Amoomo, indicated she cannot afford it, as her only monthly income is the N$1 300 old-age pension grant.
David then went ahead to apply for government legal aid, which was rejected.
She is now expected to appear in court and face Kaputa’s lawyers on 3 June 2020.
Contacted for comment, Kaputa emphasised the matter is in court and he will not divulge any information until the court pronounces itself.
“What I can tell you is that I took that matter to court and my lawyer has obtained a statement from me, which was shared with the defendant. However, if you tarnish my name and I happened to win this case, I will sue you!” he said.