Sostenus Wilherm
Grove Mall of Namibia has approached the High Court seeking N$699 156.80 in unpaid rent and charges from Epitychia Trading CC and businessman Henry Carl Smit, while also seeking to terminate the lease and evict the tenant from its premises.
A case plan order issued by Judge Hannelie Prinsloo on 13 October 2026 sets deadlines for the parties to address the mall’s intended application for summary judgment and outlines the next steps in the dispute.
According to the court order, Grove Mall must engage the defendants by 26 October 2026 in an attempt to resolve the summary judgment issue.
The Grove mall must then file its report on the engagement and application for summary judgment by 9 November 2026, while Epitychia Trading CC and Smit have until 23 November to file opposing affidavits or provide security, should they choose to do so.
The order states that the joint case plan adopted by the court followed a case planning conference held on Friday.
The dispute centres on Shop 481 at Grove Mall in Windhoek, which measures approximately 167 square metres and includes one basement parking space.
According to the claim, Grove Mall entered into a written lease agreement with Epitychia Trading CC, represented by Smit, on or about 24 or 29 April 2026. The lease was for two years, running from 1 December 2024 to 30 November 2026.
Grove Mall alleges that the tenant failed to pay rent and other charges despite demands for payment.
“In breach of its obligations as aforesaid and despite demand, the First Defendant has failed, refused and/or neglected to make payment of its rentals and lease related charges in an amount of not less than N$699,156.80,” the claim states.
The amount was allegedly outstanding as of 1 September 2026.
The lease agreement required the tenant to pay basic monthly rent calculated at N$500 per square metre, excluding value-added tax, with annual increases of 6%.
The tenant was also required to pay N$700 monthly for basement parking, a marketing contribution equal to 5% of gross monthly rent and other charges, including municipal services and consumption costs.
The agreement further provided for a lease administration fee of N$2,500, excluding VAT, and a rental deposit of N$205 279.60.
According to the particulars of claim, unpaid amounts attract interest at 2% above the prime rate from the due date until payment.
Grove Mall alleges that it fulfilled its obligations by making the premises available to Epitychia Trading CC, which it says remains in occupation.
In addition to recovering the alleged arrears, Grove Mall is seeking confirmation that the lease agreement has been terminated and an order for the eviction of Epitychia Trading CC from Shop 481.
The claim states that the mall has elected to cancel the lease with immediate effect because of what it describes as a material breach of the agreement.
“The plaintiff, as the lawful owner and landlord of the Leased Premises, is entitled to free and undisturbed possession of the Leased Premises,” the document reads.
Smit has also been cited in the matter because Grove Mall alleges that he signed an unlimited deed of suretyship in its favour on or about 24 April 2026.
Under the alleged suretyship, Smit bound himself as surety and co-principal debtor for Epitychia Trading CC’s obligations arising from the lease.
The mall is therefore seeking to hold both defendants jointly and severally liable for the outstanding amount, together with interest and legal costs.
The Grove Mall is also seeking legal costs on an attorney and client scale.
The court order provides that, should the parties resolve the summary judgment issue through their engagement, Epitychia Trading CC and Smit must file their plea and counterclaim by 9 November.
The parties must file a joint status report by 29 November 2026.
The matter has been postponed to 3 December 2026 at 15h30 for a status hearing.
