Sostenus Wilherm
Kulla Trading Enterprises CC is seeking more than N$922 000 in alleged lost profits from Kambwa Construction (Pty) Ltd, claiming it was excluded from work it was promised after Kambwa secured a multimillion-dollar Roads Authority of Namibia tender.
The dispute remained before the High Court of Namibia on Tuesday, 11 August 2026, for a pre-trial conference, with the parties continuing to prepare the matter for a possible trial.
Kulla Trading has cited Kambwa Construction, its director David Sheehama David, the Roads Authority of Namibia, the Review Panel and Oshihole Construction CC in the proceedings.
At the centre of the dispute is a Roads Authority tender for the upgrading of 12 kilometres of DR3633 from Tsandi to Ongulumbashe in the Omusati Region to low-volume seal standards.
Kulla Trading says David approached its managing member, Tulonga Nghiyoonanye, in January 2023 with a proposal to collaborate on the tender.
Under the alleged agreement, Kambwa Construction would submit the bid while Kulla Trading’s business profile would be included, and the company would be appointed as a subcontractor for more than 10% of the project.
Kulla Trading says the arrangement was particularly important because the tender required subcontracting and promoted the participation of Namibian small and medium enterprises, women and other targeted groups in public procurement.
The company says it provided its business profile to Kambwa Construction on 26 January 2023, after which Kambwa submitted its bid to the Roads Authority.
The tender was subsequently awarded to Kambwa Construction on 3 April 2023, at a value of N$25.9 million.
Kulla Trading alleges that Kambwa’s successful tender submission represented to the Roads Authority that more than 10% of the work would be undertaken by Kulla Trading and Oshihole Construction.
However, Kulla Trading claims that once the contract was awarded, Kambwa Construction proceeded with the project without giving the two businesses the subcontracted work allegedly promised to them.
The dispute later extended to a second phase of the project. On 12 December 2024, Kambwa Construction was awarded an additional eight-kilometre phase valued at N$21.6 million.
Kulla Trading alleges that the second phase was also secured on the basis of the original tender submission and that it was again excluded from the work despite the alleged subcontracting arrangement.
As a result, Kulla Trading is claiming N$488 146.66 for alleged lost profits from the first phase and N$433 967.31 for the second phase. The total claim stands at N$922 113.97, before interest.
Kulla Trading is also seeking interest at 20% per annum on the first amount from 17 May 2023 and on the second amount from 12 December 2024 until payment.
Beyond the financial claim, the dispute raises allegations about the integrity of the procurement process.
Kulla Trading alleges that Kambwa Construction and David represented to the Roads Authority that Kulla Trading and Oshihole Construction would undertake portions of the project, despite allegedly having no intention of subcontracting the work to them.
The company argues that the alleged representation made Kambwa’s bid appear compliant and responsive and helped it secure the tender.
Kulla Trading further alleges that the conduct amounts to fraudulent misrepresentation and constitutes misconduct under the Public Procurement Act.
It is therefore seeking an order directing the Roads Authority to submit a debarment application to the Review Panel against Kambwa Construction and David.
The requested debarment period is five years, or such other period as the Review Panel may determine.
The Roads Authority, Review Panel and Oshihole Construction have been cited in the proceedings in connection with the procurement dispute and the interests arising from the tender.
Kulla Trading states that no direct relief is sought against the Review Panel.
The matter is now at a critical procedural stage, with the parties using the pre-trial process to narrow the issues, identify disputed facts and prepare the case for trial.
