Former Oshakati mayor Katrina Shimbulu is accusing local financier Agribank of “sabotage”, an act she says has resulted in her being evicted from her farm in the Kunene region.
Shimbulu was in court fighting to keep ownership of the 4007.3421-hectare farm, claiming she made a down payment of N$711 000. The purchase price of the farm is N$4.6 million.
On 19 June 2019, Farm Jannie No. 365 was sold to Shimbulu by the deputy sheriff of Outjo on a public auction, on behalf of Standard Bank, in respect of a writ of auction.
According to court papers, the farm was previously owned by Willem Groenewald and Christina Groenewald. Shimbulu claims she paid a total of N$ 711 000 to the deputy sheriff of Outjo, for waiver and commission for the sheriff after signing the agreement and subsequently took ownership and possession of the farm.
She claims to finance the purchase of the farm, she applied for a loan with Agribank but the bank failed to release the “financial guarantees” – leaving her unable to make final payment to Standard Bank.
“This is my evidence of being sabotaged within Agribank itself… I, the purchaser, blame Agribank for failure to release the ‘Financial Guarantees’ which they have confirmed I qualified for and approved, and the loan agreement was signed thereof,” said
Shimbulu.
She said because she has not fulfilled the terms of the sales agreement, it resulted in the eviction order despite Standard Bank being aware of the delay.
In an urgent application filed on Thursday, Shimbulu asked the court to rescind and set aside the eviction order it granted on 6 June.
She claims the court gave the order without giving her an opportunity to be heard.
Standard Bank who opposed the application said Shimbulu’s application is an irregular one. On behalf of the bank, Mercy Kuzeeko said Shimbulu’s application is clouded with irregularities. Furthermore, the court lacks jurisdiction to decide the matter.
Yesterday, judge Hannelie Prinsloo dismissed the application citing the court does not have jurisdiction to rescind its own judgements.
– mamakali@nepc.com.na