Monday, 14 April 2014

Court cases over Namibian properties

The rush of African army leaders to purchase property in Namibia has degenerated into disputes over ownership.
This time around, Angolan Major-General Manuel Sieta Tiago Nzianga is cited in an urgent application for allegedly having threatened an Angolan woman, Graciana Pereira Do Amaral Gourgel.
Last month, lawyers representing Congolese army chief General Francois Olenga had approached the Windhoek High Court to trace N$9 million he allegedly had left in the care of Swakopmund estate agent Erwin Spranger. The hearing of that case is set for June 6.
In the latest case, Major-General Nzianga allegedly took the keys to Gourgel’s property in Pionierspark, allowed tenants to move in rent-free and is now allegedly refusing to return the keys.
“The voice tone of Nzianga was frightening when he shouted over the phone that he can make me disappear and forget who my parents are,” Gourgel said in a sworn statement in support of her urgent application.
She said she had sleepless nights in her house in Hochland Park, a situation which is affecting her health.
In the urgent application heard in the Windhoek High Court on Friday, Gourgel asked for an order restraining Nzianga and his agent, Silvity Munginguissy Carlos Fortunato, as well as the Registrar of Deeds in Windhoek and Monteleone Property Thirty Three CC from coming within 100 metres of her property at Erf 1215 Hochland Park, Windhoek.
She furthers wants them restrained from coming with 100 metres of another property belonging to her, Unit 33 of the Monteleone sectional-title complex.
Gourgel stated in her affidavit that she paid the full purchase price of N$1.6 million for the two properties and submitted the title deeds to demonstrate that she is the rightful owner of the properties.
She wants the court to interdict Nzianga from interfering with her occupation of these properties, and from intimidating, harassing or in any way interfering with her or any person authorised by her to reside or operate at the properties.
She further wants the court to order Nzianga to return the keys and vacate Unit 33 of the Monteleone complex.
An interim restraining order was granted. The respondents must give reasons by May 31 why the interim order shouldn’t be made final. They have not yet filed their answering papers.
Judge Kobus Miller was on the bench. Dr Sacky Akweenda appeared on behalf of the applicant on the instructions of Conradie & Damaseb Attorneys, while Advocate Theo Frank (SC) appeared for the respondents, instructed by Elis Shilengudwa Inc.

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