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Chicco Wins Supreme Court Omatala Appeal

By: Ludorf Iyambo

Businessman and owner of Mouse Properties Ninety Eight won his appeal in the Supreme Court on Monday.

Chief justice Petrus Damaseb ruled in favour of Mouse Properties Ninety Eight by setting aside the order from the Windhoek High Court.

Damaseb, in his ruling, indicated that Shapumba, within this month, should (if he so chooses) make a written representation to the ministry of urban and rural development to address the issue arising from the objections to the proposed sale of Omatala in Oshakati, from the report on which the minister indicated non-approval.

Shapumba previously argued that the minister’s approval was unnecessary because there was no private transaction.

Hence he said the minister’s approval was also not required in section 63.

In February 2020, High Court acting judge Orben Sibeya concluded in a judgement that the minister of urban and rural development had been justified in refusing to approve the sale of the plot of land at Oshakati to Shapumba’s close corporation.

On 9 March 2018, the ministry decided not to approve the sale of the Oshakati plot ‘erf 1342’, popularly known as Omatala.

At this point, Shapumba’s company dragged the council to court after the purchase of Omatala was disapproved.

According to him, he became aware of the Omatala land sale after being approached by councillor Onesmus Shilunga, who told him about the land that was soon to be advertised by the town council as for sale.

Oshakati Town Council had sold the plot to Shapumba for N$2.5 million in June 2016, and it has been used as an open market and bus terminal.

According to court documents, he paid the money to the town council on 12 July the same year.

The council indicated in its resolution of 29 June 2016 that was communicated to Shapumba in a letter the land allocation was approved and sold to his entity.

In this vein, the council had given him 12 months for his concept of the use of land to commence.

The council resolution of 29 June 2016 determined that its market value was at N$30 million at a later stage.

It also found that the minimum value is N$17 million, and the maximum value is N$45 million.

He had also said the council’s property development manager told him there was no fixed price on the land as the council would determine the price.

Shapumba accused the council officials of trying to meddle in his business deals.

While Shilunga had said he wanted his fellow local authority councillors and officials at the council to investigate the land matter.

He thus, however, confirmed he informed Shapumba of the sale of the plot.

Previously, the Oshakati mayor had said the council would refund Shapumba.

 

 

 

 

Julia Heita

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