Judgement in the matter involving Puma Energy Namibia and the Namibia Bus and Taxi Association, who are fighting for a piece of land on which both parties have been operating for years, was postponed once again.
On Monday, High Court acting Judge Philanda Christiaan postponed the matter, saying the judgement was not yet ready.
The matter, which was heard in September by Judge Marlene Tommasi, has since been postponed three times for judgement.
The court is set to deliberate on the ownership of Erf 7305, where Puma Service Station is located in Windhoek’s Rhino Park suburb as a result of the two parties claiming ownership of the place.
This came to light during the hearing, where Puma is seeking an order from the High Court to evict Nabta and local businesswoman Ruusa Andunge from the premises.
They are further demanding payment in the amounts of N$45 550 and N$5 000, respectively, per month for damages of unlawful occupation for the three years preceding the date of service of summons. Puma is claiming on 9 March 1995, Caltex entered into a franchise agreement with Nabta. The franchise agreement was for the period of 1 November 1994 to 31 October 1997.
The franchise agreement was terminated on 31 October 1997 by effluxion of time.
However, according to Puma, Nabta has refused to vacate the property. Court documents state on 3 February 1993, Caltex Oil Namibia, now renamed Puma Energy Namibia, entered into a joint venture agreement with Nabta in respect of the said piece of land.
According to the agreement, the parties would pursue negotiations with the Windhoek municipality to acquire land to set up offices and a service station for Nabta – to be executed by Caltex.
The agreement further indicates no negotiations would be carried out outside of the joint venture agreement. The parties agreed for Christoph van Niekerk from Southern Estates to act as a facilitator and spokesperson.
Nabta, who opposed the application, are adamant that Puma, with the help of Van Niekerk, obtained the land dubiously.
Joseph Rukoro, who was employed as the national retail manager for Puma Energy Namibia from November 2011 to July 2018, and subsequently became franchisee and owner of Puma Hedanava Service Station, claims that Puma Energy Namibia started operating as Caltex Oil Namibia, which later changed its name to Puma Energy Namibia Two.
Rukoro claims Puma Energy Namibia Two holds the title deeds to Erf 7305, where Puma service is located in Rhino Park, Windhoek.
He claims the land was bought from Southern Realty International. Puma Energy Namibia started operating as Caltex Oil Namibia, which later changed its name to Puma Energy Namibia Two.
Although he admitted that on 3 February 1993 the parties entered into a “joint venture” in respect of the said piece of land, the terms of the said agreement were “nothing more than an unenforceable agreement”.
He claims the agreement stipulates the parties have the right to further negotiate with outside parties to acquire land.
However, the documents filed before the court indicate no negotiations would be carried outside of the joint venture agreement.
Thus, the parties agreed for Christoph van Niekerk from Southern Estates to act as a facilitator and spokesperson.
According to the agreement, the parties would pursue negotiations with the Windhoek Municipality to acquire land to set up offices and a service station for Nabta – to be executed by Caltex.
Rukoro claims on 9 March 1995, Caltex entered into a franchise agreement with Nabta.
The franchise agreement was for the period of 1 November 1994 to 31 October 1997, and no lease agreement currently exists between the two companies. The ruling is expected to be delivered on 16 November. – mamakali@nepc.com.na