Hertta-Maria Amutenja
Former governor of the Ohangwena Region, Usko Nghaamwa, is pursuing a payment of N$143,000 from David Shivute Henghali, following an alleged breach of an oral sale agreement involving 13 heads of cattle.
According to court documents filed at the Windhoek High Court, Nghaamwa claims that in September 2020, in Rundu, he agreed with Henghali to sell the cattle for a total sum of N$143,000.
The agreement, as detailed in the particulars of the claim, specified that Henghali would pay the purchase price once the cattle were made available for collection.
“The cattle were provided by the Plaintiff in Rundu and were accepted by the defendant. However, the Defendant failed and/or refused to pay the purchase price or any part thereof to the Plaintiff,” read the particulars of claim.
Nghaamwa affirms in his supplementary witness statement that he fulfilled his part of the agreement by making all 13 heads of cattle available for collection in Rundu.
“After returning to the farm, I verified and confirmed that the cattle were taken. My employee confirmed that the defendant was the one who collected the cattle. To my dismay, the defendant did not pay me for the cattle he took and did not honour the agreement by not paying N$11,000.00 per animal, as agreed,” said Nghaamwa.
However, Henghali allegedly failed to uphold the agreement, refusing to pay the full purchase price of N$143,000.
“To date, the defendant has not made any payment to the plaintiff, leaving the purchase price of N$143,000.00,” he claimed.
In a plea filed by Henghali, he disputes several key elements of Nghaamwa’s claims.
He admitted to the existence of the oral agreement but contested the number and health of the animals provided.
Henghali claims that only five healthy animals were made available to him for collection, and he tendered payment of N$55,000 for those five cattle. He further alleges that the remaining cattle were malnourished and unsuitable for beef purposes.
Henghali’s plea contends that Nghaamwa breached the agreement by delivering substandard cattle, leading him to pay only for the healthy ones.
“The defendant specifically pleads that it is the plaintiff who breached the agreement, as he provided only five healthy beef cattle instead of the 13 healthy beef cattle agreed upon in the agreement. The defendant has offered payment of N$55,000 for the five healthy beef cattle he collected from the plaintiff’s farm; however, the plaintiff has refused to accept such payment,” Henghali pleaded.
In an alternative claim presented by Nghaamwa, he asserts that even if the oral agreement is deemed invalid or cancelled by Henghali, he still sold and delivered five healthy cattle, for which he demands full payment of N$143,000.
