Businessman sues Brigadier Kayambu’s widow for N$600 000

By Eliaser Ndeyanale

A Windhoek-based businessman Laban Kandume is suing the widow of late Brigadier General Erastus Kayambu Amupolo over an estimated N$600,000 loan he allegedly advanced to Amupolo in exchange for property in Oshakati.

Kandume alleged in court documents filed in the Oshakati High Court that he provided the late Amupolo with a loan in the amount of N$465 454 to enable the late Kayambu to pay Oshakati Town Council for the purchase of an immovable property: Erf 4107 situated at Extension 16.

The entrepreneur is further directing the Master of the High Court, cited as first respondent, to appoint an executor, alternatively curator to the estate of the departed general.

He also alleges that the widow, Jutty Amupulo, who is an inspector in the Namibian Police Force, was malicious while being aware that she had not been issued with the letter of executorship for the estate of her late husband and that she withheld this information from him, which led to him launching a High Court application.

He also accused Jutty of having misled him into believing that the estate had not been reported and acted with malice, causing him to incur unnecessary costs.

“I submit that Jutty should be found liable for misleading and not informing me that the estate was reported and that she was appointed by Master of the High Court of Namibia to be the executrix of the estate of the late Kayambu Erastus Amupolo and submit the actions of second respondent justify a cost order against her; alternatively that this honorable court order that each party pays his and her own legal costs.”

In his particulars of claim, Kandume told the court he had given the money on terms and conditions, which included that the late Amupolo would donate the property to Kandume upon the property being registered into the name of the late Amupolo. He also claims that the deceased man had received an amount of N$150,000 from Kandume, as per the provision of the agreement.

Kandume further noted that on 18 November 2016, the late Amupolo concluded a deed of sale with Oshakati Town Council in respect of the erf. The businessman stated that he and the late Amupolo then agreed that the latter would not be entitled to alienate the property or rights to the property prior to transfer and registration of the property into Amupolo’s name.

However, the widow denied in her answering affidavit that Kandume was entitled to the property.

“I deny that any steps were taken by the deceased to transfer the said property into the applicant’s name. I deny and dispute that the applicant was entitled to receive transfer of the property into his name from 22 March 2017,” she countered. “The applicant therefore has no enforceable rights in the property,” Jutty Amupolo argued.

About the assertions that she did not report the estate of the late Amupolo, who died in a car accident on 3 August 2017, as per the provision of Administration Estate Act, the widow stated that she had reported the death of her husband to the Master of the High Court on 1 March 2018 and that since 16 May 2019, she has been the executrix of the deceased’s estate.

When they appeared in Oshakati High Court on Monday, Kandume’s lawyers from Mugaviri Attorneys told Deputy Judge President Hosea Angula that the two had reached a settlement agreement, whereby Kandume agreed to pay Jutty’s legal fees in the amount of N$20 000. Failure to do that, he would be liable to pay interest of 20 percent per month.

Contacted for comment, Kandume said that at the time of the purchase, he bought the property from the late general, whom he was told was selling his property. He transferred the money to the late Amupolo through his lawyers, who then paid the money over to Oshakati Town Council.

He said that if the Amupolo family wants the property they can take it as long as they pay back his money: “I paid for the plot with my own money. It didn’t fall from heaven.”