Dispute ends in N$350 000 court settlement

By Tracy Tafirenyika

A dispute that had arisen between Tsumeb businessman and CEO of Expedite Aviation, Rainier Arangies and Gerson Keendjele over violating an agreement in the sale of a N$350 000 Powerstar tipper truck has ended in a settlement agreement.
The dispute arose after Arangies and Keendjele entered into an oral agreement for the sale of the tipper truck, and Keendjele paid an initial deposit of N$170 000 and the balance upon conclusion of repairs.
Keendjele stated: “On 25 June 2021, l telephoned the respondent (Arangies) demanding him to comply with the agreement and provide me with the roadworthy and clearance certificate in order for me to transfer the outstanding balance of N$179 000, respondent unfortunately became unruly and resorted to verbal abuse. Respondent’s response which was untruthful was that the truck was sold to recover unknown costs.
“He texted me indicating that he sold the truck. On the same date, respondent requested my account details and without any acceptance of breach, indicated that he will refund me the deposit of N$170 000 paid on the 15th of April 2021 as he has found another buyer. I informed the respondent that l do not accept cancellation of the agreement as l will suffer damages.”
From this dispute, Keendjele took this matter to court seeking retribution.
In the settlement agreement, Keendjele was ordered to pay Arangies an amount of N$350 000 which payment will be made in full on or before 13h00 on July 24, in order for him to get the truck.
“Keendjele must collect and remove the Power Star Tipper Truck on or before close of business on 27 July 2021 from Arangies business premises in Tsumeb, subject to the aforesaid amount of N$350 000 first reflecting on the Trust account of Arangies legal practitioners.
“Subject to the aforesaid amount of N$350 000 first reflecting in the trust account of the respondent’s legal practitioners and the removal and collection of the Power Star Tripper Truck from Arangies business premises in Tsumeb, and on or before close of business 28 July 2021, Arangies will effect payment of Keendjele’s legal costs in the amount of N$9 000 into the trust account of Keendjele’s legal practitioners with banking details,” settlement agreement reads in part.
In the event of default of payment as per the agreement, the court further notes that: “Keendjele will be liable to Arangies for payment of a penalty of N$50 000. Keendjele will have no claim against Arangies in respect of the cause of action. Arangies may alienate the Powerstar Tipper Truck to any other interested third party. Keendjele will be liable for the legal costs of Arangies on an attorney-own client scale, which Costa is to be taxed. Arangies may on the strength of this settlement agreement being made a court order, obtain a Writ of Execution in enforcement.”