Beleaguered Cutie hits back
YANNA SMITH
The battle between former football star and entrepreneur Nelson Akwenye and his estranged celebrity wife, Ilke, is heating up, with answering papers filed yesterday in the High Court.
Ilke’s answering affidavit, including a lengthy filing by First National Bank and a request for a joinder by Standard Bank, form part of the documents required in response to Nelson’s urgent application to halt the selling of four luxury vehicles on auction, heard by the court on 1 February.
On that day, Judge Hosea Angula ruled that the respondents - Ilke, her company Squirrel Investments 24, Namagri Properties and Aucor Namibia - had to give reasons why his interim order halting the sale of the vehicles should not be made final.
Ilke told the court that firstly, her estranged husband had been served with divorce papers on 31 January of this year.
“His irresponsible financial behaviour and denial of our financial debts have been the main reason why our marriage failed. Mainly his domestic abuse resulted in the end of our marriage.” Nelson had denied that he was served with any divorce papers saying only that Ilke left the common home in November last year, indicating she would seek a divorce.
Pitiful financial situation
She denied that Nelson had made any contribution to the establishment of her company and added that he had used her pension monies from Sanlam to “pay off car debts”. Additionally, she said that her inheritance from her father, in excess of N$1 million, was used to pay the deposit for the Mercedes-Benz G63. In the annexures, documents indicate that N$1.4 million was put down as deposit for the luxury 4x4.
Ilke wrote that she is blacklisted on ICT. She has been handed over for the Evelyn Street property, with more than N$600 000 owed to Standard Bank. On Erf 296 in Auasblick, her and Squirrel Investments have been handed over for debts exceeding N$4 million, also in favour of Standard Bank, and the debt on the Range Rover SDV, roughly N$480 000, has caused more legal action, also in favour of Standard Bank.
The four vehicles had all been surrendered on 19 January. In the case of the Range Rover SDV, it was surrendered to Standard Bank where there is outstanding debt, while the Range Sport was surrendered to Bank Windhoek. The Mercedes-Benz and Isuzu were both surrendered to First National Bank on the same day.
Ilke told the court her brother had loaned her roughly N$70 000 to assist with making car payments.
Regarding the property at Erf 431 in Auasblick, bond held by FNB, she was handed over. She said she had attempted to sell the property for N$4.5 million to Ralph Strauss, but her estranged husband sued Strauss in this regard and the sale had been halted.
Ilke has made several personal loans to cover outstanding payments and according to her affidavit, there is in the region of N$470 000 in total debt.
She added that she owns the Kleine Kuppe property at Erf 875 and the property is fully paid off and the title deed is in her name.
“May I add that [Nelson Akwenye] is not the beneficial owner of the above-mentioned [properties] as they are registered in my name and the name of my company, I made substantial payments in respect of these properties and vehicles and the bond applications are in my name only.
“The appeal of to transfer all of these assets show that [Nelson] cannot afford these bills, given his financial position.”
Nelson pleads poverty
In supporting documents filed yesterday by Ilke, Nelson had told an officer at the Maintenance Court on 22 November last year that he could not afford to make monthly contributions to his children, due to his financial position, and countered that he could only afford N$1 500 monthly for both children, along with their medical aid. He also confirmed to a social worker in the case that he was unable to afford his eldest child’s tuition fees at Windhoek International School.
First National Bank appears to concur with Ilke on the ownership of the vehicles.
In a lengthy affidavit submitted by Charlotte Morland, manager of the One Legal Department at the bank, it appears as though the vehicles unquestionably belong to the bank and that Nelson was aware, as far back as October last year, that he could no longer make payments and repossessions were imminent.
Morland told the court that the bank does not require leave to intervene as it is the principal and Aucor, the fourth respondent, is its agent. FNB had instructed the auctioning off of the Mercedes-Benz and the Isuzu vehicles due to outstanding debt.
She confirmed that Ilke is the owner of Erf 431 in Auasblick and that no documents indicate that Nelson is a “beneficial owner”. She also attached the couple’s antenuptial agreement, which states that each party can dispose of his or her property as they choose. Morland added that FNB will soon move against the Auasblick property, as the sale to Strauss has been stalled and payments are outstanding.
Cars repossessed
Morland continued by saying that as the legal owners of the Mercedes and the Isuzu, they bank had the right to sell the vehicles. The Mercedes was sold to Extreme Transport for just over N$2 million, while the Isuzu was sold to Immanual Tuyapeni for just over N$181 000. The sales were made before the court issued a temporary interdict against the auctioning off of the vehicles.
The vehicles were repossessed at the time.
“Very importantly, [Aucor] was cited as the fourth respondent only insofar as it may have an interest in the outcome of the application and no relief is or was sought against it. The [1 February judgement] in no manner operates against [Aucor] and [Aucor] is not interdicted by [the ruling].”
The bank remains the owner of the vehicle until the entire loan is paid off and as such, FNB says that the assertion that Nelson is the beneficial owner of the vehicles is incorrect.
“He failed to cite FNB as a party to these proceedings despite knowing he is required to do so.”
Morland added that Nelson was well aware of the status of the loans and furthermore that the bank could not engage, discuss or make arrangements with him as their relationship with their client, Ilke, was and is confidential.
Standard Bank, where three loans are held, two for properties (Erf 296 in Auasblick and the Evelyn Street property), as well as the loan for the repossessed Range Rover SDV, applied for a joinder as a fifth respondent. Failing this, the bank said it would apply for an intervention application.
Judge Hosea Angula is set to review the answering papers before making a final ruling. Graham McCulloch of Fischer Quarmby and Pfeiffer are acting for First National Bank, while Weder, Kruger and Hoveka act for Standard Bank. Nelson is represented by Nambili Mhata from Sisa Namandje. Ilke has no counsel and by her own admission, prepared and filed her own papers, because she cannot afford a lawyer.
The battle between former football star and entrepreneur Nelson Akwenye and his estranged celebrity wife, Ilke, is heating up, with answering papers filed yesterday in the High Court.
Ilke’s answering affidavit, including a lengthy filing by First National Bank and a request for a joinder by Standard Bank, form part of the documents required in response to Nelson’s urgent application to halt the selling of four luxury vehicles on auction, heard by the court on 1 February.
On that day, Judge Hosea Angula ruled that the respondents - Ilke, her company Squirrel Investments 24, Namagri Properties and Aucor Namibia - had to give reasons why his interim order halting the sale of the vehicles should not be made final.
Ilke told the court that firstly, her estranged husband had been served with divorce papers on 31 January of this year.
“His irresponsible financial behaviour and denial of our financial debts have been the main reason why our marriage failed. Mainly his domestic abuse resulted in the end of our marriage.” Nelson had denied that he was served with any divorce papers saying only that Ilke left the common home in November last year, indicating she would seek a divorce.
Pitiful financial situation
She denied that Nelson had made any contribution to the establishment of her company and added that he had used her pension monies from Sanlam to “pay off car debts”. Additionally, she said that her inheritance from her father, in excess of N$1 million, was used to pay the deposit for the Mercedes-Benz G63. In the annexures, documents indicate that N$1.4 million was put down as deposit for the luxury 4x4.
Ilke wrote that she is blacklisted on ICT. She has been handed over for the Evelyn Street property, with more than N$600 000 owed to Standard Bank. On Erf 296 in Auasblick, her and Squirrel Investments have been handed over for debts exceeding N$4 million, also in favour of Standard Bank, and the debt on the Range Rover SDV, roughly N$480 000, has caused more legal action, also in favour of Standard Bank.
The four vehicles had all been surrendered on 19 January. In the case of the Range Rover SDV, it was surrendered to Standard Bank where there is outstanding debt, while the Range Sport was surrendered to Bank Windhoek. The Mercedes-Benz and Isuzu were both surrendered to First National Bank on the same day.
Ilke told the court her brother had loaned her roughly N$70 000 to assist with making car payments.
Regarding the property at Erf 431 in Auasblick, bond held by FNB, she was handed over. She said she had attempted to sell the property for N$4.5 million to Ralph Strauss, but her estranged husband sued Strauss in this regard and the sale had been halted.
Ilke has made several personal loans to cover outstanding payments and according to her affidavit, there is in the region of N$470 000 in total debt.
She added that she owns the Kleine Kuppe property at Erf 875 and the property is fully paid off and the title deed is in her name.
“May I add that [Nelson Akwenye] is not the beneficial owner of the above-mentioned [properties] as they are registered in my name and the name of my company, I made substantial payments in respect of these properties and vehicles and the bond applications are in my name only.
“The appeal of to transfer all of these assets show that [Nelson] cannot afford these bills, given his financial position.”
Nelson pleads poverty
In supporting documents filed yesterday by Ilke, Nelson had told an officer at the Maintenance Court on 22 November last year that he could not afford to make monthly contributions to his children, due to his financial position, and countered that he could only afford N$1 500 monthly for both children, along with their medical aid. He also confirmed to a social worker in the case that he was unable to afford his eldest child’s tuition fees at Windhoek International School.
First National Bank appears to concur with Ilke on the ownership of the vehicles.
In a lengthy affidavit submitted by Charlotte Morland, manager of the One Legal Department at the bank, it appears as though the vehicles unquestionably belong to the bank and that Nelson was aware, as far back as October last year, that he could no longer make payments and repossessions were imminent.
Morland told the court that the bank does not require leave to intervene as it is the principal and Aucor, the fourth respondent, is its agent. FNB had instructed the auctioning off of the Mercedes-Benz and the Isuzu vehicles due to outstanding debt.
She confirmed that Ilke is the owner of Erf 431 in Auasblick and that no documents indicate that Nelson is a “beneficial owner”. She also attached the couple’s antenuptial agreement, which states that each party can dispose of his or her property as they choose. Morland added that FNB will soon move against the Auasblick property, as the sale to Strauss has been stalled and payments are outstanding.
Cars repossessed
Morland continued by saying that as the legal owners of the Mercedes and the Isuzu, they bank had the right to sell the vehicles. The Mercedes was sold to Extreme Transport for just over N$2 million, while the Isuzu was sold to Immanual Tuyapeni for just over N$181 000. The sales were made before the court issued a temporary interdict against the auctioning off of the vehicles.
The vehicles were repossessed at the time.
“Very importantly, [Aucor] was cited as the fourth respondent only insofar as it may have an interest in the outcome of the application and no relief is or was sought against it. The [1 February judgement] in no manner operates against [Aucor] and [Aucor] is not interdicted by [the ruling].”
The bank remains the owner of the vehicle until the entire loan is paid off and as such, FNB says that the assertion that Nelson is the beneficial owner of the vehicles is incorrect.
“He failed to cite FNB as a party to these proceedings despite knowing he is required to do so.”
Morland added that Nelson was well aware of the status of the loans and furthermore that the bank could not engage, discuss or make arrangements with him as their relationship with their client, Ilke, was and is confidential.
Standard Bank, where three loans are held, two for properties (Erf 296 in Auasblick and the Evelyn Street property), as well as the loan for the repossessed Range Rover SDV, applied for a joinder as a fifth respondent. Failing this, the bank said it would apply for an intervention application.
Judge Hosea Angula is set to review the answering papers before making a final ruling. Graham McCulloch of Fischer Quarmby and Pfeiffer are acting for First National Bank, while Weder, Kruger and Hoveka act for Standard Bank. Nelson is represented by Nambili Mhata from Sisa Namandje. Ilke has no counsel and by her own admission, prepared and filed her own papers, because she cannot afford a lawyer.
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