Sostenus Wilherm
The High Court has set a series of deadlines for Namibian Correctional Service (NCS) Football Club and Young African Football Club as the legal dispute over a failed football club sale worth N$1.3 million moves into its next phase, with both sides expected to exchange pleadings and evidence before returning to court next month.
Judge Shafimana Ueitele, sitting in chambers on Tuesday, ordered Young African to file its plea, counterclaim, exception or any application to strike out parts of the claim by 21 August 2026.
NCS Football Club has until 1 September to respond to any plea or counterclaim, while Young African has until 11 September to file any further pleadings should the need arise.
The court further directed both football clubs to exchange their discovery affidavits and bundles of documents by 15 September.
They must also prepare and file a joint case management report outlining the issues on which they agree and those they dispute.
Where agreement cannot be reached, each party must clearly identify the contested issues in separate reports.
Those reports, together with a draft case management order, must be submitted by 24 September.
The matter has been postponed to 29 September 2026 for a formal case management conference.
The latest court order does not determine the merits of the case but establishes the procedural roadmap that will guide the litigation before it can proceed to trial.
The scheduled case management conference will allow the court to assess whether the matter is ready for hearing and determine the next steps in the proceedings.
According to the court documents filed by NCS Football Club, the dispute originates from a written agreement concluded in October 2024 under which the correctional services club agreed to purchase Young African’s Namibia Premier Football League status for N$1.3 million.
The agreement was intended to enable NCS Football Club, then competing in the Southern Stream First Division, to replace Young African in the country’s top-flight football league.
Court papers state that NCS Football Club paid an initial deposit of N$400 000 in accordance with the agreement. It further alleges that it later paid an additional N$50 000 at Young African’s request, bringing the total amount transferred to N$450 000.
Despite those payments, NCS Football Club claims Young African did not transfer the agreed football rights, club property or players.
It further alleges that Young African continued to benefit from selling players to other football clubs without its consent.
NCS Football Club argues that the transaction stalled after Young African allegedly sought to replace the original agreement with a revised one that increased the purchase price from N$1.3 million to N$2.1 million.
According to the claim, NCS Football Club rejected the revised proposal and maintained that the original agreement remained binding.
The correctional services club also contends that Young African never formally cancelled the original agreement or notified it that the deposit would be forfeited after the payment deadline had passed.
It argues that the forfeiture clause is unfair and unenforceable because it allows Young African to retain the money without transferring the agreed football status or assets.
In its lawsuit, NCS Football Club is asking the High Court to cancel the October 2024 agreement and order Young African to repay the N$450,000 already received.
Alternatively, it argues that Young African has been unjustifiably enriched at its expense by retaining the money without completing the transaction.
The club is also seeking interest at 20% from the date of judgment until payment, legal costs and any further relief the court considers appropriate.
Young African has yet to file its response to the claim. Under the timetable set by the High Court, the club’s defence is due later this month, after which the parties will exchange evidence and prepare for the case management conference scheduled for 29 September.
The outcome of those proceedings will determine how the litigation progresses and when the dispute over the failed football club sale will eventually be heard on its merits.
