Obrean Kafuma Matongo has dragged the Katima Mulilo Council to court for allegedly unlawfully and wrongfully demolishing his dwelling.
Matongo is claiming N$1 185 216.05 for damages he allegedly suffered due to the demolition of his house.
Matongo is citing the Municipality of Katima Mulilo, the chief executive officer of the council and the Minister of Urban and Rural Development in his particulars of claim as respondents filed with the High Court of Namibia.
“N$534 832.05 being reasonable costs incurred for the construction of plaintiffs (Matongo) dwelling, N$422 610.40 in respect household items lost and destroyed by first defendant during the illegal demolishing exercise, N$210198.60 in respect of reasonable market value to replace plaintiffs 2016 Toyota Corolla motor vehicle, registration number N5869KM damaged and destroyed during the demolishing of dwelling.
“Alternatively, amount of being the fair and reasonable costs necessary to restore the vehicle to its pre-damaged condition and N$17 575 being reasonable amount incurred in alternative accommodation during the period of demolishing of plaintiff’s dwelling, ” read the documents.
According to the particulars of claim, Matongp’s dwelling was demolished in violation of the law, and or without the valid court order and in contravention with Articles 8, 13, and 16 of the Namibian Constitution.
“On or about 5 October 2017 and at Newboy Compound, at Katima Mulilo Town, Namibia, first defendant (Council for the Municipality of Katima Mulilo) unlawfully and wrongfully demolished and or authorized persons unknown to the plaintiff, to demolish plaintiffs Dwelling,”
Matongo is also claiming an additional N$200,000 for the invasion of his and his family’s privacy.
“Right to privacy in that first defendant interfered with plaintiff and his family’s privacy of their home not in accordance with the law, in plaintiff belongings were left in an open space in violation of Article 13. Having regard to the conduct of the first defendant and to the infringements of the plaintiff’s fundamental rights, the plaintiff is entitled to be awarded constitutional damages in terms of Article 25(2) of the Namibian Constitution in the amount of N$200,000” stated the documents.