The Omaheke Regional Council is being sued to the tune of N$1.2 million, for allegedly causing financial loss to Jackson Mbaisa, a caterer who supplied food and other services to schools under a contract.
According to a contract signed in 2019, the Council and Mbaisa entered into an agreement where he was to supply food and other services to Morukutu Community Hostel and Morukutu Primary School in the Epukiro Constituency. He alleges in court documents that the Council is in breach of the contract and is seeking N$1 231 918.04 for pecuniary loss occasioned as a result of such breach of contract for the period January 2022 to 31 December 2022.
“This contract of the services agreement is made on 1 September 2019 between the Omaheke Directorate of Education Arts and Culture on behalf of Morukutu Community Hostel, Morukutu Primary School, and Jackson Mbaisa. The terms of this contract include food supply and other services as it may deem necessary for Morukutu Community Hostel. The duration of this agreement is from September 1 2019 till 31 December 2020,” the contract reads.
It is reported that the parties renewed their agreement before the first contract’s expiry date, and a new agreement was signed in May 2020, extending the duration of the contractual agreement to December 2022.
However, Mbaisa in documents submitted to the High Court that the contract was terminated in January 2022.
Mbaisa claims that the council unilaterally terminated the contract without giving him adequate notice or affording him a chance to correct any behavior that may have justified the cancellation of the contract.
“The defendant is in breach of the contract in that on or about January 2022, they unlawfully and unilaterally canceled the agreement without giving due and proper notice to the Plaintiff and without the Plaintiff having been given an opportunity to remedy any conduct which may have given ground for any cancellation. This contract was then subsequently awarded to a third-party company,” reads the particulars of the claim.
The contract stated that the agreement termination can be peacefully handled by both parties through mutual understanding.
The Council intends to challenge the action filed by Mbaisa and has been ordered by the court to file their plea and counterclaim, if any, on or before 8 May 2023. Mbaisa will be represented by Mesekameneko Tjituri of the Tjituri Law Chambers and the Council, by Government Attorney Ndamonao Ilovu.