Justicia Shipena
Hollard Insurance Company of Namibia has taken Windhoek-based restaurant The Wolfshack CC to the High Court, demanding repayment of N$180 000 it says was paid in error.
According to court documents, Hollard made the payment on 16 February 2023, mistakenly believing it was due under an insurance policy.
The insurer says the payout was either made in bona fide error or sine causa — without valid cause.
Hollard maintains that The Wolfshack acknowledged receipt of the money, despite it not being due or payable, and has since refused to return it.
In its summons, Hollard claims the Wolfshack was unduly enriched after receiving compensation under an “agreement of loss” signed in relation to fire and business interruption claims lodged in December 2022.
The insurer argues the funds must be repaid, along with 20% annual interest calculated from 17 February 2023 until full settlement, as well as legal costs.
The Wolfshack disputes Hollard’s claim. In its plea, the restaurant insists the payout was legitimate, properly assessed, and payable under the policy.
It argues Hollard cannot now reclaim money that was lawfully settled and says any error was due to the insurer’s own negligence.
The Wolfshack further contends that it was not enriched at Hollard’s expense and that Hollard has not suffered any loss.
The case has now been referred to mediation. Mediation is a form of alternative dispute resolution where a neutral mediator helps parties resolve their dispute without going through a full trial.
On 16 September 2025, High Court judge Beatrix de Jage ordered the matter to be handled under the court’s alternative dispute resolution framework.
The mediation will take place on 2 October at the High Court’s Mediation Centre.
Hollard must file its mediation brief by 24 September, while The Wolfshack must do so by 26 September.
Both parties are required to attend with representatives who hold full authority to settle. Hollard is represented by legal practitioner Dean-Marlo Titus, and The Wolfshack by Shamurai Nyashanu.
The mediation process must be concluded by 16 October. The mediator will then file a report, after which either a settlement agreement or a case management report will be submitted by 23 October.
A status hearing has been scheduled for 29 October 2025.
A judicial case management hearing that was set for 17 September has been struck from the roll.
