Court orders school to repay N$9.4 million SME Bank loan
Verdict arises from an unpaid 2015 loan
Liquidators Ian McLaren and David Bruni have succeeded in their court application against Tanben College.
The Windhoek High Court last week ordered a Windhoek private school to pay back approximately N$9.4 million for a loan from 2015 that it is allegedly yet to repay.
David Bruni and Ian McLaren, in their capacity as the liquidators of SME Bank, took Tanben College to court to recover the borrowed money.
Judge Beatrix de Jager delivered the ruling on Wednesday, finding that Bruni and McLaren had succeeded in proving that the money was indeed owed to SME Bank.
SME Bank had demanded payments for money it had lent to the school under a written loan agreement. The school allegedly failed to meet its repayment obligations, and SME Bank relied on a certificate of debt recognition in its court application against the school.
In response to the case, the school argued that the loan agreement was unenforceable due to a suspensive condition that was allegedly not met.
The school also argued that Bruni and McLaren were uncertain about the amount allegedly owed to them and that they had no evidence of how they arrived at the amount.
Verdict handed down
In her ruling, De Jager pointed out that the burden of proof rested on the plaintiffs, Bruni and McLaren, and that the certificate of debt recognition was only prima facie evidence.
"Without further evidence from the defendants (Tanben College), however, the prima facie evidence is sufficient," she noted.
She found that the school's "vague claims" were not enough to serve as a basis for the school's denial of the debt.
"The defendants failed to provide any factual basis on which they disputed the amount, they failed to provide evidence to refute the certificate, and suspicions that the amount was incorrectly calculated are insufficient."
Regarding the school’s defence that the agreement was unenforceable, De Jager ruled that they did not include this issue in the pre-trial order and thus she would not rule on it.
"The court refuses to adjudicate the matter on this basis," the judgment reads.
David Bruni and Ian McLaren, in their capacity as the liquidators of SME Bank, took Tanben College to court to recover the borrowed money.
Judge Beatrix de Jager delivered the ruling on Wednesday, finding that Bruni and McLaren had succeeded in proving that the money was indeed owed to SME Bank.
SME Bank had demanded payments for money it had lent to the school under a written loan agreement. The school allegedly failed to meet its repayment obligations, and SME Bank relied on a certificate of debt recognition in its court application against the school.
In response to the case, the school argued that the loan agreement was unenforceable due to a suspensive condition that was allegedly not met.
The school also argued that Bruni and McLaren were uncertain about the amount allegedly owed to them and that they had no evidence of how they arrived at the amount.
Verdict handed down
In her ruling, De Jager pointed out that the burden of proof rested on the plaintiffs, Bruni and McLaren, and that the certificate of debt recognition was only prima facie evidence.
"Without further evidence from the defendants (Tanben College), however, the prima facie evidence is sufficient," she noted.
She found that the school's "vague claims" were not enough to serve as a basis for the school's denial of the debt.
"The defendants failed to provide any factual basis on which they disputed the amount, they failed to provide evidence to refute the certificate, and suspicions that the amount was incorrectly calculated are insufficient."
Regarding the school’s defence that the agreement was unenforceable, De Jager ruled that they did not include this issue in the pre-trial order and thus she would not rule on it.
"The court refuses to adjudicate the matter on this basis," the judgment reads.
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