Amushelelo ordered to settle N$220 000 car debt
The Windhoek High Court on Friday granted Bank Windhoek's application for a summary judgment against foreign exchange trader Michael Amushelelo.
The bank initially sued Amushelelo to return a Mercedes Benz AMG, as well as pay the remaining approximately N$220 000 he still owes on the vehicle.
Bank Windhoek amended its application during the hearing and abandoned the return of the vehicle, only demanding the outstanding amount.
Judge Boas Usiku ruled that Amushelelo must pay this amount with interest from 21 July 2021 until the date of final payment.
"I am of the opinion that the defence has not presented a bona fida defence and there are no issues that need to be clarified during a trial. The application for summary judgment is therefore granted," the ruling read.
Background
The bank and Amushelelo signed a written instalment agreement for the vehicle in July 2019.
Its purchase price was approximately N$982 000, while the monthly instalment totalled about N$18 000, which was payable from 1 August 2019.
According to the agreement, the vehicle would remain the bank's property until the final payment was received.
However, in November 2019, he stopped paying the monthly instalments.
The authorities further seized the vehicle in December 2020 – in terms of the Prevention of Organised Crime Act - after Amushelelo was charged with fraud, which he is currently on trial for.
The bank filed the application against him in July 2021 and later brought it for summary judgment.
Amushelelo confirmed that he did not comply with the agreement and that the vehicle was confiscated in terms of a search and seizure warrant.
All his bank accounts have reportedly been frozen and he has been banned from transacting on those accounts.
"The defendant [Amushelelo] does not dispute his debt to the plaintiff [Bank Windhoek] and the balance certificate is sufficient proof of the amount owed," Usiku said.
The judge also ordered that the amount Amushelelo had already paid in terms of the agreement be forfeited to the bank.
The bank initially sued Amushelelo to return a Mercedes Benz AMG, as well as pay the remaining approximately N$220 000 he still owes on the vehicle.
Bank Windhoek amended its application during the hearing and abandoned the return of the vehicle, only demanding the outstanding amount.
Judge Boas Usiku ruled that Amushelelo must pay this amount with interest from 21 July 2021 until the date of final payment.
"I am of the opinion that the defence has not presented a bona fida defence and there are no issues that need to be clarified during a trial. The application for summary judgment is therefore granted," the ruling read.
Background
The bank and Amushelelo signed a written instalment agreement for the vehicle in July 2019.
Its purchase price was approximately N$982 000, while the monthly instalment totalled about N$18 000, which was payable from 1 August 2019.
According to the agreement, the vehicle would remain the bank's property until the final payment was received.
However, in November 2019, he stopped paying the monthly instalments.
The authorities further seized the vehicle in December 2020 – in terms of the Prevention of Organised Crime Act - after Amushelelo was charged with fraud, which he is currently on trial for.
The bank filed the application against him in July 2021 and later brought it for summary judgment.
Amushelelo confirmed that he did not comply with the agreement and that the vehicle was confiscated in terms of a search and seizure warrant.
All his bank accounts have reportedly been frozen and he has been banned from transacting on those accounts.
"The defendant [Amushelelo] does not dispute his debt to the plaintiff [Bank Windhoek] and the balance certificate is sufficient proof of the amount owed," Usiku said.
The judge also ordered that the amount Amushelelo had already paid in terms of the agreement be forfeited to the bank.
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