Justicia Shipena
Congolese fuel supplier Orion Energy SARL may apply for default judgement if Eco Fuel Investment fails to file its plea by 17 October.
This deadline follows a case management order issued by High Court judge Beatrix de Jager in the Windhoek High Court.
Orion filed a lawsuit against Eco Fuel and its owner, fugitive businessman Victor “Chris” Malima.
The order states that if Eco Fuel does not respond, Orion can move for default judgement on 27 October, with a hearing set for 29 October.
Both sides must also exchange documents and make discovery by 21 November, while a joint case management report is due on 27 November.
The case has been postponed to 3 December for a case management conference, and Eco Fuel or its lawyer must appear. Failure to comply could result in sanctions.
Orion Energy accuses Malima and Eco Fuel of failing to deliver fuel despite receiving advance payment. Court documents allege that in 2021 Orion paid more than USD 1.3 million (N$25.35 million) for ULP’95 petrol and diesel, but large quantities were never supplied.
The company claims that Eco Fuel still owes about USD 287 955, equal to nearly N$5.5 million.
Orion launched the lawsuit in March, filing a combined summons through its lawyers.
The case returned to court after Orion abandoned an earlier bid for immediate judgement, opting instead to proceed under the current timelines.
Orion maintains that Eco Fuel failed to honour contractual obligations, including those linked to the Haib Copper Project in southern Namibia, one of the region’s oldest known copper deposits.
Malima fled Namibia about two months ago after his co-accused in the Namcor corruption and bribery scandal were arrested in July.
He is believed to have crossed into Angola. A warrant for his arrest has been issued. The Namcor case centres on allegations of kickbacks and irregular fuel supply contracts.
The state claims that Peter and Malakia Elindi, Immanuel Mulunga, Cedric Willemse, Jennifer Hamukwaya, her husband Panduleni, Dunaiski, and Lydia Elindi formed a syndicate that defrauded Namcor of about N$480 million.
