Body corporate fails in N$90 500 claim against unit owner

Rockey Hills Body Corporate, also known as the Somerton building, was unsuccessful in their case against the owner of one of their units who has allegedly not paid his monthly levies.

The High Court yesterday dismissed their application against Abed Nghinyekwa in which they claimed the repayment of N$90 500.

The body corporate alleged that they launched an application against Nghinyekwa in August 2020 and after mediation, parties signed a settlement agreement on 4 February 2021 for the repayment of the outstanding levies.

In the case that was finalized yesterday and removed from the roll, the body corporate accused Nghinyekwa of not adhering to the court order and was therefore allegedly in contempt of the court.

Although Judge Shafimana Ueitele dismissed the application, he ordered Nghinyekwa to pay the applicant’s legal costs.

“I find that the applicant did not act unreasonably when it instituted these proceedings. I find the respondent’s (Nghinyekwa) contention that he does not owe the applicant any money disingenuous. In the exercise of my discretion, I am of the view that although successful in avoiding the committal of contempt of court, the respondent must pay the costs of the applicant in this application.”