N$6.7m was for Chinese vase
A Swakopmund estate agent sued by a Congolese army general over a property deal has denied receiving US$900 000 from the general.
Local estate agent Erwin Spranger has claimed in the Windhoek High Court that the N$6 785 318.76 paid into the business account of Kintscher Estate Agents & Auctioneers, had not originated from Democratic Republic of Congo (DRC) army general Francois Olenga, but had instead been paid by a third-party for an antique Chinese Qianlong Dynasty vase.
Spranger has denied receiving the US$900 000 Olenga says he paid into his trust or business bank account.
Spranger told the Windhoek High Court on Wednesday the N$6 785 318.76 was paid by a third-party into the business account of Kintscher Estate Agents & Auctioneers, and not by Olenga.
Spranger is an estate agent practising at Kintscher.
He said on instruction from his lawyer, he requested Jacomina Frederika Hugo of First National Bank (FNB) to trace exactly from whom the monies had been paid.
“It became clear that the monies were paid in by a third-party, Breadfield Trade Ltd, 32 Loockerman Square 101D, 19904 Dover, Delaware, USA,” Spranger said.
According to him his lawyer Phillip Swanepoel, on his instruction, contacted Breadfield and was provided with company documents, which were forwarded by Parcel Inc.
“It does not state anywhere that the corporation or the company is a bank. I deny that it is a bank at which Olenga holds a bank account,” he argued. According to Spranger, there was a mutual interest in the DRC shared between him and Olenga, as he was born in the then Zaire.
Following the purchase of two Swakopmund properties, Olenga visited and contacted him sporadically and they got to know each other personally.
It was during these informal visits that Olenga told Spranger that as a hobby, and due to his extensive travelling and connections, the general was an informal dealer or agent in antiques and valuables.
Spranger then told him that he owns an antique Chinese vase from the Qianlong Dynasty period.
The general showed immediate interest and told him he knows dealers or buyers that might be interested in such an item and that he is willing to act as an agent, should Spranger be interested in selling the vase.
He said the general took photos and also made video of the vase. On 9 December 2009, when Olenga called Spranger confirmed he still had the vase and the general told him he has a buyer who made an offer of US$1 250 000, which included a commission. Olenga told him the buyer wants to stay anonymous and N$1 million was the commission to be paid to the general.
“Olenga acted as agent in the sale of the antique Chinese Qianlong vase to an undisclosed overseas buyer,” Spranger maintained.
The buyer undertook to pay at least US$450 000 by mid-March 2010, by means of a bank transfer from the United States into Spranger's account.
The buyer had also indicated that he would collect the vase after the remaining US$900 000 had been paid. Spranger told the court he emailed his banking details to Olenga, who was saying at the Hyatt Regency Kyiv hotel in Ukraine.
In the months thereafter, he said he received N$6 785 318.76 from Breadfield Trade Ltd in Namibian dollars.
On or about 17 July 2010, two Chinese men, who claimed they were sent by Olenga for the vase, visited Spranger's office in Swakopmund.
According to Spranger, the two men inspected the vase and indicated they were happy with the item and left with it.
Spranger said he met Olenga at the beginning of June 2003, when he showed interest in an erf for sale in Swakopmund.
He said Olenga bought two properties, Erf 4120 in Extension 12 in Swakopmund, for which the registered owner was R Wood One CC, and Erf 4136 in the same extension, for which the registered owner was Bee and Mouse Investments CC.
The payments for the properties were made into the Kintscher trust account and Kinghorn & Associates law firm was the attorneys for the transfers.
“Olenga was registered as the sole member of both closed corporations around September and October 2003 and the original title deeds in respect of the properties were handed over by me to him on 23 September 2003 and he signed for it,” Spranger told the court.
However, during September 2005 he said Olenga instructed him to sell the properties and on 26 October 2005 he provided the general with a deed of sale, but he never materialised and no monies were paid to him.
On 23 August 2011, in a letter written by Olenga's lawyers to Spranger, the general demanded the delivery of certain CC documents and the original title deeds for erf 4136 and erf 4120, and also payment of US$900 000.
The civil lawsuit continues before Judge Thomas Masuku.
FRED GOEIEMAN
Spranger has denied receiving the US$900 000 Olenga says he paid into his trust or business bank account.
Spranger told the Windhoek High Court on Wednesday the N$6 785 318.76 was paid by a third-party into the business account of Kintscher Estate Agents & Auctioneers, and not by Olenga.
Spranger is an estate agent practising at Kintscher.
He said on instruction from his lawyer, he requested Jacomina Frederika Hugo of First National Bank (FNB) to trace exactly from whom the monies had been paid.
“It became clear that the monies were paid in by a third-party, Breadfield Trade Ltd, 32 Loockerman Square 101D, 19904 Dover, Delaware, USA,” Spranger said.
According to him his lawyer Phillip Swanepoel, on his instruction, contacted Breadfield and was provided with company documents, which were forwarded by Parcel Inc.
“It does not state anywhere that the corporation or the company is a bank. I deny that it is a bank at which Olenga holds a bank account,” he argued. According to Spranger, there was a mutual interest in the DRC shared between him and Olenga, as he was born in the then Zaire.
Following the purchase of two Swakopmund properties, Olenga visited and contacted him sporadically and they got to know each other personally.
It was during these informal visits that Olenga told Spranger that as a hobby, and due to his extensive travelling and connections, the general was an informal dealer or agent in antiques and valuables.
Spranger then told him that he owns an antique Chinese vase from the Qianlong Dynasty period.
The general showed immediate interest and told him he knows dealers or buyers that might be interested in such an item and that he is willing to act as an agent, should Spranger be interested in selling the vase.
He said the general took photos and also made video of the vase. On 9 December 2009, when Olenga called Spranger confirmed he still had the vase and the general told him he has a buyer who made an offer of US$1 250 000, which included a commission. Olenga told him the buyer wants to stay anonymous and N$1 million was the commission to be paid to the general.
“Olenga acted as agent in the sale of the antique Chinese Qianlong vase to an undisclosed overseas buyer,” Spranger maintained.
The buyer undertook to pay at least US$450 000 by mid-March 2010, by means of a bank transfer from the United States into Spranger's account.
The buyer had also indicated that he would collect the vase after the remaining US$900 000 had been paid. Spranger told the court he emailed his banking details to Olenga, who was saying at the Hyatt Regency Kyiv hotel in Ukraine.
In the months thereafter, he said he received N$6 785 318.76 from Breadfield Trade Ltd in Namibian dollars.
On or about 17 July 2010, two Chinese men, who claimed they were sent by Olenga for the vase, visited Spranger's office in Swakopmund.
According to Spranger, the two men inspected the vase and indicated they were happy with the item and left with it.
Spranger said he met Olenga at the beginning of June 2003, when he showed interest in an erf for sale in Swakopmund.
He said Olenga bought two properties, Erf 4120 in Extension 12 in Swakopmund, for which the registered owner was R Wood One CC, and Erf 4136 in the same extension, for which the registered owner was Bee and Mouse Investments CC.
The payments for the properties were made into the Kintscher trust account and Kinghorn & Associates law firm was the attorneys for the transfers.
“Olenga was registered as the sole member of both closed corporations around September and October 2003 and the original title deeds in respect of the properties were handed over by me to him on 23 September 2003 and he signed for it,” Spranger told the court.
However, during September 2005 he said Olenga instructed him to sell the properties and on 26 October 2005 he provided the general with a deed of sale, but he never materialised and no monies were paid to him.
On 23 August 2011, in a letter written by Olenga's lawyers to Spranger, the general demanded the delivery of certain CC documents and the original title deeds for erf 4136 and erf 4120, and also payment of US$900 000.
The civil lawsuit continues before Judge Thomas Masuku.
FRED GOEIEMAN
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