Puma, Nabta tussle over land
PUMA Energy Namibia and the Namibia Bus and Taxi Association are embroiled in a fight over a piece of land on which both parties have been operating for years. The land is where the Puma service is located in Rhino Park, Windhoek.
Puma is seeking an order from the High Court to evict Nabta and local businesswoman Ruusa Andunge from the premises on which they are all operating. They are further demanding payment in the amounts of N$45 550 and N$5 000, respectively for damages per month of unlawful occupation for the three years preceding the date of service of summons. On 3 February 1993, Caltex Oil Namibia, now renamed Puma Energy Namibia, entered into a joint venture agreement with Nabta in respect of the said piece of land.
According to the agreement, the parties would pursue negotiations with Windhoek municipality to acquire land to set up offices and a service station for Nabta - to be executed by Caltex.
The agreement further indicates no negotiations would be carried outside of the joint venture agreement. The parties agreed for Christoph van Niekerk, from Southern Estates to act as a facilitator and spokesperson. In papers filed in the High Court, Puma is claiming on 9 March 1995, Caltex entered into a franchise agreement with Nabta.
The franchise agreement was for the period of 1 November 1994 to 31 October 1997.
“The aforementioned franchise agreement was terminated on 31 October 1997 by effluxion of time. The first defendant’s (Nabta) right to occupy therefore terminated on 31 October 1997, but despite demand, Nabta failed to vacate the property,” said Puma. Thus, Puma claims it has suffered loss of income.
Nabta is however claiming that Puma with the help of Van Niekerk obtained the land dubiously.
Thomas Mulunga who was Nabta’s president in 1989 and was part of the land deal said the portion of land on which Nabta’s head office is currently was never meant to be owned by a single entity.
The land is currently owned by Caltex who bought it from Southern Realty International (Pty) Ltd, a company owned by Van Niekerk.
According to his recollection, the City of Windhoek would allocate land in a form of a joint venture between Nabta and Caltex as well as Van Niekerk as the facilitator and spokesperson.
“The deal was that Caltex would establish a service station for Nabta and Nabta would be benefitting in an amount of N$0.02/ litre – an amount they allegedly never received. Caltex would build two service stations and a secretariat of Nabta in a form of an office, a conference hall and a kitchen,” said Mulunga. In his affidavit, Mulunga claims that instead of Van Niekerk registering the land into the joint venture, he instead registered it under Southern Realty International (Pty) Ltd.
This, he said, was done behind their backs as they only became aware of the details last year in September. And as such, Nabta continued to operate from the premises, said Mulunga.
“I am disappointed by the conduct of Mr Van Niekerk. We trusted him and he betrayed our trust. I deny that the Southern Realty International (Pty) Ltd was the lawful owner of the land or that it was entitled to register same in its name,” noted Mulunga.
Nabta is seeking for the court to dismiss the suit with costs. In their application, Puma is represented by Zureuka Majiedt whilst Nabta is represented by Kadhila Amoomo.