Sostenus Wilherm
The United Nations Development Programme (UNDP) has secured a legal costs award of more than N$17 000 following a High Court taxation hearing linked to a dispute over extensive damage allegedly caused to its Windhoek property by a logistics company’s vehicle.
The taxation hearing, held on Friday before Taxation Master Tanita Van der Merwe at the High Court, resulted in fees and disbursements amounting to N$17 119.43 being allowed in favour of the United Nations Association of Namibia, trading as the UNDP.
The costs were awarded against the first and second defendants, Mateas Godhard and Tokai Investments CC, trading as Tokai Logistics, on a party-and-party scale.
The matter stems from a December 2023 incident in which a truck allegedly collided with the boundary wall of the UN House situated at 38 Stein Street, Windhoek, causing damage to various parts of the property.
According to court documents, the UNDP claims that on 7 December 2023 at approximately 16h20, Godhard, while driving a white truck with registration number N 59175 W, allegedly collided with the property while acting within the course and scope of his employment with Tokai Investments.
The UNDP alleges that the collision damaged the property’s boundary wall, front lawn, windows, United Nations monument, pavement and fire hydrants.
The organisation is claiming damages amounting to N$329 046.75, which includes N$317 193.22 for repairs and N$11 853.53 for an assessor’s fee incurred to evaluate the damage.
The court documents allege that the collision was caused by negligent driving, including failure to keep a proper lookout, failure to maintain control of the vehicle, excessive speed under the circumstances and failure to avoid the collision.
Following the incident, the UNDP alleges that despite demands being made, the defendants failed or refused to pay the claimed damages, prompting the legal action.
During the taxation process, the plaintiff’s initial legal fees and disbursements were calculated at N$45 884.18. However, after assessment, N$31 836 was taxed off, leaving an amount of N$13 000 in approved fees.
Additional costs were added, including N$650 for drawing the bill of costs and N$325 for attendance at taxation. After VAT and allowed disbursements were included, the final amount approved was N$17 119.43.
The taxation ruling, however, relates specifically to legal costs and does not determine the outcome of the broader damages claim of N$329 046.75, which remains part of the main civil proceedings.
The UNDP, a key international development organisation operating in Namibia and globally, argued in its claim that the defendants should be held jointly and severally liable for the damages, meaning either party could be responsible for settling the amount should the claim succeed.
Mateas Godhard and Tokai Investments Cc T/A Tokai Logistics are also facing a claim for interest at a rate of 20 percent per annum from the date of judgment until final payment, as well as legal costs.
The matter highlights the financial consequences that can arise from negligence-related property damage and the importance of resolving liability disputes through legal channels.
While the High Court’s taxation decision has granted the UNDP recovery of legal costs incurred during the process, the central dispute over the alleged damage and the N$329 046.75 compensation claim remains to be resolved through further court proceedings.
