Hertta-Maria Amutenja
The Independent Patriots for Change(IPC) party is embroiled in a N$3.2 million lawsuit after it reportedly failed to pay Anga Enterprise, owned by Gabriela Nietche-Kandolf for promotional branding items and related services the company offered to IPC in 2020.
Nietche-Kandolf allegedly says the company supplied promotional items of t-shirts, golf shirts, caps, berets, bucket hats and badges and related services worth of N$ 3.2 million.
According to documents filed at the Windhoek High October last year, between July and November 2020 IPC, represented by the party’s National General Secretary Christine Aochamus and Anga represented by Nietche-Kandolf entered into an oral sale and delivery agreement where Anga would supply and deliver promotional branding items and related services to IPC from time to time.
The documents further indicate that Anga would provide an invoice for the services rendered upon collection or delivery of the service, a 50 percent deposit was payable upon placing an order and the balance was payable upon delivery or collection.
However, Anga is claiming IPC refuses to pay the outstanding amount despite committing to pay.
“The defendant (IPC) on 3 December 2020 committed in writing to pay the outstanding amount due and owing to the plaintiff(Anga) by 31 March 2021, which the defendant has failed to do. As of 31 March 2022, the defendant was indebted to the plaintiff (Anga) in the amount of N$ 3 219 754.41, being the balance due at the time for the services so rendered by the plaintiff to the defendant.,”court documents read.
IPC, in response said that they did not request the goods to be supplied, and that they lacked the funds to pay Anga.
“The respondent (IPC) did not have the financial capacity to pay the applicant (Anga) upfront for the items provided and that its operations were in its infancy. It was agreed that the applicant would supply the respondent with the items upon the respondent’s requesting,” read the document.
Furthermore, IPC argues that they in actual fact paid an amount of N$ 890 385.17.
Judge Boas Usiku is presiding.
Roberto Avila is representing Anga , while IPC is being represented by Dirk Conradie.
