Justicia Shipena
The High Court has dismissed a bid by Skybuild Construction CC and its two members to set aside a default judgment granted to First National Bank of Namibia over unpaid loan and overdraft debts worth millions.
FNB obtained default judgment on 12 August 2024 after Skybuild failed to repay a N$9.05 million loan advanced in 2019, as well as an overdraft facility.
The court granted judgment for more than N$7.5 million, plus interest, and an additional amount linked to the overdraft.
Skybuild’s members, Ralph Rickert Mouton and Rosetta Hendrietta Mouton, were held jointly liable after signing suretyship agreements.
Skybuild and its members only applied to rescind the judgment in July 2025.
High Court judge Lotta Ambunda said the application was filed far too late, well beyond the 20 days allowed by the rules after a party becomes aware of a judgment.
“The explanation offered for the delay is not satisfactory,” she said.
The court found that Skybuild and its partners were aware of the judgment by February 2025, when writs of execution were served on them, but failed to act.
Claims that they were confused or busy with construction projects did not justify the delay.
Skybuild and its partners also argued that they were never properly served with the original summons.
The court rejected this and found that FNB served the documents at the addresses chosen by the applicants in their contracts.
“The correct legal position is that it is proper service if it is effected at the previous domicilium… even where the change in domicilium was not brought to the plaintiff’s attention,” the court said.
Ambunda also dismissed arguments that settlement talks excused the delay, saying negotiations do not stop court deadlines unless this is agreed to and ordered by the court.
The court further found that the applicants failed to comply with the rule requiring security for costs.
They paid N$5 000 into FNB’s lawyers’ account instead of providing security in the manner required by the rules.
“This is a clear disregard of the requirements of the rules and the practice of the court.”
The court dismissed both the rescission application and a related condonation application, with costs.
This clears the way for FNB to continue with execution proceedings, including a possible move to attach and sell the applicants’ immovable property to recover the unpaid debts.
Caption
The High Court dismissed Skybuild Construction CC’s bid to overturn an FNB judgment over unpaid loans.
- Photo: Contributed
