Court cancels dodgy house sale

An Angolan citizen, who discovered five years ago that a tenant had sold his house in Windhoek for N$2,5 million, has won back the ownership of the property, with a High Court judge declaring the sale invalid and ordering the former tenant to pay the rightful owner’s legal costs.

In an order granted in the Windhoek High Court last week, judge Boas Usiku declared a power of attorney that was used to sell the Windhoek West house of an 84-year-old Angolan national, Samuel Dias, as null and void.

The judge also declared that a sale agreement, dated September 2017, a document that authorised the transfer of the ownership of Dias’ house in October 2017, and the transfer and registration of the property into the name of a new owner are all null and void.

Usiku further ordered Namibia’s registrar of deeds to re-register Dias’ house in his name.

Dias’ former tenant, August Maletzky, was ordered to pay Dias’ legal costs in the matter.

Maletzky sold the house in Windhoek West to a Windhoek resident, Edward Nghitumbwa, for N$2,5 million in September 2017.

In documents filed at the High Court, it is stated that Dias and Maletzky concluded a lease agreement in respect of Dias’ house in July 2017. In terms of that agreement, Maletzky rented the house for a year, at a monthly rent of N$10 000.

According to Dias, he was informed in February 2018 that building activities were going on at his house in Windhoek.

He stated that when he visited the property that month, he was informed that the house had been bought by Nghitum­bwa, on whose instructions alterations were being done to the house.

Dias also informed the court that when the matter was investigated, he discovered that he and his wife had ostensibly signed a special power of attorney that appointed Maletzky as their agent to sell the house.

Dias denied that he had signed such a document, which he claimed was fraudulent.

He also informed the court that he and his wife did not receive any part of the purchase price of N$2,5 million paid by Nghitumbwa.

After the Dias couple in September 2018 filed a claim against Maletzky, Nghitumbwa, lawyer Titus Mbaeva, who prepared the power of attorney that appointed Maletzky as Dias’ agent, the registrar of deeds and the lawyer who handled the transfer of the property, Maletzky gave notice that he would oppose the legal action taken by the couple.

Maletzky did not subsequently file a plea in response to the couple’s claim, but filed a copy of an agreement, purportedly signed by him and Dias in July 2017.

That agreement states that Dias agreed to buy tourmaline stones weighing 2,1 kilograms from Maletzky at a price of N$1,75 million, and that the payment for the stones would be taken from the proceeds of the sale of Dias’ house in Windhoek West.

Dias has also registered a criminal case against Maletzky.
That case – in which Maletzky, his close corporation African Labour and Human Rights Centre, and a former employee of Maletzky, Simon Afrikaner, are charged with fraud and other counts – is partly heard in the Windhoek High Court.

Maletzky and Afrikaner denied guilt on all charges when their trial started before judge Herman January in February last year.

Dias was represented by lawyer Dalon Quickfall, instructed by Jorge Neves, in the case heard by Usiku. Nghitumbwa was represented by Kadhila Amoomo.