TransNamib’s property tug of war
Tenants refuse to vacate
In an affidavit, IMS owner Lucy Bolo said "TransNamib claims that it is the owner of the property… [but] it has, however, not proved its purported ownership by means of a title deed or otherwise".
Jemima Beukes
WINDHOEK
Cash-strapped TransNamib has found itself entangled in legal disputes over several of its properties. Amongst its issues are tenants refusing to vacate, the company’s bowling club leased out since May 2007 for a paltry N$1 200 per month and a tenant of prime property now demanding proof of ownership from TransNamib.
The latter involves the Institute of Management Science (IMS), which operates from Windhoek Private School, located opposite the train station in Windhoek, and which boasts a tennis court, sports hall and several offices.
In an affidavit, IMS owner Lucy Bolo pointed out that “TransNamib claims that it is the owner of the property from which it seeks eviction, [but] TransNamib has, however, not proved its purported ownership by means of a title deed or otherwise”.
She also claimed that IMS has been overcharged for municipal services and that it and other properties surrounding it - including the bowling club and a hair salon - have one meter reader, which makes it difficult to know which services were used by which business.
In arrears
IMS and TransNamib entered into a lease agreement in 2006, which has been renewed several times, and court papers show that IMS allegedly failed to pay the monthly rent of N$43 681 for some time. In 2018, IMS was in arrears by N$182 508.
In a letter, Bolo informed TransNamib that proof of payment for this amount had been presented to its lawyers and that the matter was resolved.
She also pointed out that due to land shortage in Windhoek, the municipality had not been able to allocate land to IMS for purposes of a school, despite several applications made. If the school shuts down, about 40 people would lose their jobs, she said.
Meanwhile, TransNamib executive for properties Alynsia Platt has, according to court documents, informed Bolo in writing on several occasions that they have given her sufficient time to prepare for relocation. TransNamib was set to inspect the premises and take full possession of it on 31 May 2020.
However, the matter remains in court for mediation and is ordered to file a joint case status report on or before 19 September, while the case has been postponed to 20 September for a status hearing.
Bowled out
Other court documents show that Platt also wrote to Carel Gouws, vice-president of the Windhoek Bowling Club, in 2019, informing him that TransNamib had identified an important need to use the bowling club and its surrounding facilities with immediate effect, hence they should vacate the property.
After a back-and-forth and demands from TransNamib, the parastatal eventually appealed to the High Court on 24 March to force Windhoek Bowling Club out of its property. The club has decided to oppose the lawsuit.
The matter also still remains in court and has been postponed to 16 October for a status hearing.
[email protected]
WINDHOEK
Cash-strapped TransNamib has found itself entangled in legal disputes over several of its properties. Amongst its issues are tenants refusing to vacate, the company’s bowling club leased out since May 2007 for a paltry N$1 200 per month and a tenant of prime property now demanding proof of ownership from TransNamib.
The latter involves the Institute of Management Science (IMS), which operates from Windhoek Private School, located opposite the train station in Windhoek, and which boasts a tennis court, sports hall and several offices.
In an affidavit, IMS owner Lucy Bolo pointed out that “TransNamib claims that it is the owner of the property from which it seeks eviction, [but] TransNamib has, however, not proved its purported ownership by means of a title deed or otherwise”.
She also claimed that IMS has been overcharged for municipal services and that it and other properties surrounding it - including the bowling club and a hair salon - have one meter reader, which makes it difficult to know which services were used by which business.
In arrears
IMS and TransNamib entered into a lease agreement in 2006, which has been renewed several times, and court papers show that IMS allegedly failed to pay the monthly rent of N$43 681 for some time. In 2018, IMS was in arrears by N$182 508.
In a letter, Bolo informed TransNamib that proof of payment for this amount had been presented to its lawyers and that the matter was resolved.
She also pointed out that due to land shortage in Windhoek, the municipality had not been able to allocate land to IMS for purposes of a school, despite several applications made. If the school shuts down, about 40 people would lose their jobs, she said.
Meanwhile, TransNamib executive for properties Alynsia Platt has, according to court documents, informed Bolo in writing on several occasions that they have given her sufficient time to prepare for relocation. TransNamib was set to inspect the premises and take full possession of it on 31 May 2020.
However, the matter remains in court for mediation and is ordered to file a joint case status report on or before 19 September, while the case has been postponed to 20 September for a status hearing.
Bowled out
Other court documents show that Platt also wrote to Carel Gouws, vice-president of the Windhoek Bowling Club, in 2019, informing him that TransNamib had identified an important need to use the bowling club and its surrounding facilities with immediate effect, hence they should vacate the property.
After a back-and-forth and demands from TransNamib, the parastatal eventually appealed to the High Court on 24 March to force Windhoek Bowling Club out of its property. The club has decided to oppose the lawsuit.
The matter also still remains in court and has been postponed to 16 October for a status hearing.
[email protected]
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