Hertta-Maria Amutenja
The Independent Patriots for Change(IPC) will now defend the lawsuit in which the party is being sued by Anga Enterprise, owned by Gabriela Nietche-Kandolf after it allegedly failed to pay for promotional branding items and related services.
High Court Judge Boas Usiku dismissed Anga Enterprise’s application for a summary judgement, which sought a direct order without the party’s argument.
Nietche-Kandolf allegedly branded promotional items of t-shirts, golf shirts, caps, berets, bucket hats and badges and related services worth of N$ 3.2 million.
Usiku found that Anga’s application for a summary judgment was flawed, in that it did not meet the requirements of rule 60 of the High Court Rules.
According to the rules, a plaintiff is entitled to seek summary judgment if his claim is based on a liquid document, for a liquidated amount in money, for delivery of a specified movable property or for ejectment.
The court has since declared that the amount being claimed for is not a liquidated amount in money.
In addition, Usiku ordered that Anga pay for the legal costs of IPC.
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, in which Anga would supply and deliver promotional branding items and related services to IPC from time to time.
Court 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.
In Anga’s affidavit, Nietche-Kandolf claimed there exists no bona fide defense to the action and that IPC’s notice of intention to defend was delivered solely for the purpose of delay and therefore prayed for the judgement be granted as prayed for.
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.,” read the document.
In response, IPC says they did not request for the goods to be supplied, and that party 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,” the party’s heads of argument reads. Furthermore, IPC argued that it had paid an amount of N$ 890 385.17. Roberto Avila is representing Anga, while IPC is being represented by Dirk Conradie.
