Saudis fail in N$54m claim against Boulter
Claim dismissed by High Court
The British billionaire's legal team argued that the applicants were attempting to enforce a foreign ruling without it being recognised in Namibia.
Five business persons from Saudi Arabia have failed in a court application against Harvey Boulter for the payment of approximately N$54 million.
The group approached the High Court in Windhoek last year, requesting that a court order issued in Dubai – which ruled that the British billionaire should pay them 2.35 million British pounds – also be enforced in Namibia.
Judge Eileen Rakow dismissed the application on Friday based on Boulter's defence that the foreign ruling is not recognised in Namibia.
“It is important to note that this summons is not governed by the Foreign Civil Judgments Enforcement Act 28 of 1994, as it does not request the registration of a foreign judgment in terms of the provisions of the Act, which only provides for the registration of civil judgments from certain countries,” she said in her ruling.
Rakow granted Boulter's exception application concerning the foreign judgment and dismissed the Saudi businessmen's claim due to insufficient evidence.
Claim against Boulter
The applicants, including four businessmen, one businesswoman and a Saudi Arabian company, argued that Boulter convinced them to invest in his businesses.
He allegedly persuaded them that the businesses were incredibly successful and profitable and that their investments would be used for the companies' operations, with the funds and profits to be repaid with interest. They claim that these representations were false and that large amounts of money were overpaid based on these misrepresentations.
In 2019, they approached a court in Dubai, which ruled in their favour and ordered Boulter to repay the 2.35 million British pounds.
Last year, the group approached the High Court in Windhoek with Sisa Namandje as their legal representative in an attempt to have the Dubai ruling enforced in Namibia.
Boulter, who was represented by, among others, Richard Metcalf, argued during proceedings that the business persons were attempting to enforce a foreign ruling without it being recognised in Namibia.
“The court has no authority to handle this case before the judgment is recognised,” his legal team argued.
Certification lacking
The judge further found that no notarised documentation was submitted along with the ruling to certify the judgment and prove that it was indeed granted.
"Although the indication of such certification is made in the claim details, it was never provided," she said.
"It is also unclear whether the claim is for the enforcement of a judgment or if it is a claim for money that should be paid," Rakow stated in her ruling.
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The group approached the High Court in Windhoek last year, requesting that a court order issued in Dubai – which ruled that the British billionaire should pay them 2.35 million British pounds – also be enforced in Namibia.
Judge Eileen Rakow dismissed the application on Friday based on Boulter's defence that the foreign ruling is not recognised in Namibia.
“It is important to note that this summons is not governed by the Foreign Civil Judgments Enforcement Act 28 of 1994, as it does not request the registration of a foreign judgment in terms of the provisions of the Act, which only provides for the registration of civil judgments from certain countries,” she said in her ruling.
Rakow granted Boulter's exception application concerning the foreign judgment and dismissed the Saudi businessmen's claim due to insufficient evidence.
Claim against Boulter
The applicants, including four businessmen, one businesswoman and a Saudi Arabian company, argued that Boulter convinced them to invest in his businesses.
He allegedly persuaded them that the businesses were incredibly successful and profitable and that their investments would be used for the companies' operations, with the funds and profits to be repaid with interest. They claim that these representations were false and that large amounts of money were overpaid based on these misrepresentations.
In 2019, they approached a court in Dubai, which ruled in their favour and ordered Boulter to repay the 2.35 million British pounds.
Last year, the group approached the High Court in Windhoek with Sisa Namandje as their legal representative in an attempt to have the Dubai ruling enforced in Namibia.
Boulter, who was represented by, among others, Richard Metcalf, argued during proceedings that the business persons were attempting to enforce a foreign ruling without it being recognised in Namibia.
“The court has no authority to handle this case before the judgment is recognised,” his legal team argued.
Certification lacking
The judge further found that no notarised documentation was submitted along with the ruling to certify the judgment and prove that it was indeed granted.
"Although the indication of such certification is made in the claim details, it was never provided," she said.
"It is also unclear whether the claim is for the enforcement of a judgment or if it is a claim for money that should be paid," Rakow stated in her ruling.
– [email protected]
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