Nabta loses Puma land fight
The Namibia Bus and Taxi Association has been ordered by the High Court to vacate the offices on a piece of land they have operated on for over two decades.
Judge Marlene Tommasi on Wednesday gave an order in favour of Puma Energy Namibia Two (PTY) LTD, which instituted proceedings against the transportation association.
Puma sought an order that would force Nabta and local businesswoman Ruusa Andunge to vacate Erf 7305 where Puma service is located in Rhino Park, Windhoek.
Furthermore, the oil company was ordered to pay 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.
Both Puma and Nabta were claiming ownership of the land.
However, in her ruling, Tommasi said the evidence paints a telling picture of how financial giants secured land from the City of Windhoek riding on the back of Nabta in the guise of “public safety considerations and the interest of commuters of public transport”. She said unfortunately, all the promises made to Nabta were never put in writing. Furthermore, Nabta did not present any evidence stating that it is a co-owner to the property.
“The first defendant (Nabta) was unable to prove co-ownership. The joint agreement tendered as the basis for its claim does not constitute an agreement of co-ownership,” said Tommasi.
Thus, Nabta has no entitlement to ownership rights on the said erf. Tommasi said Puma as the rightful owner, is entitled to exercise its rights.
Puma sued Nabta over the land, claiming that 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 and was terminated on 31 October 1997 by effluxion of time. However, according to Puma, Nabta has refused to vacate the property.
Court documents state 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 out outside of the joint venture agreement. The parties agreed for Christoph van Niekerk, from Southern Estates to act as a facilitator and spokesperson.
Nabta, who has opposed the application, is adamant that Puma with the help of Van Niekerk, obtained the land dubiously.
Joseph Rukoro, who was employed as the national retail manager for Puma Energy Namibia from November 2011 to July 2018 and subsequently became franchisee and owner of Puma Hedanava Service Station, claims Puma Energy Namibia started operating as Caltex Oil Namibia which later changed its name to Puma Energy Namibia Two.
Rukoro claims Puma Energy Namibia Two holds the title deeds to Erf 7305, where Puma service is located in Rhino Park, Windhoek.
Although he admitted that on 3 February 1993, the parties entered into a “joint venture” in respect of the said piece of land, the terms of the said agreement were “nothing more than an unenforceable agreement”.
He claims the agreement stipulates that the parties have the right to further negotiate with outside parties to acquire land.
However, the documents filed before court indicate no negotiations would be carried outside of the joint venture agreement.
Nabta was represented by Kadhila Amoomo while Geoffrey Dicks appeared for Puma.