Allexer Namundjebo
The High Court has dismissed three special pleas raised by TransNamib Holdings Limited in its long-running dispute with Marmorwerke Karibib (Pty) Ltd over the transfer of land dating back more than 30 years.
The dispute stems from a written agreement in 1992/1993 for the sale of immovable property owned by TransNamib.
The purchase price was N$3 000, with Marmorwerke covering the costs of subdivision, surveying, and registration.
Marmorwerke took possession of the land on 1 April 1993, pending transfer and said it fulfilled its obligations. TransNamib, however, according to court documents, failed to complete the transfer despite repeated requests.
In 2017, Marmorwerke turned to the courts, seeking an order to compel TransNamib to transfer the property.
TransNamib then responded with three special pleas, namely, prescription, non-compliance with the Sale of Land Act, and lack of ministerial approval. The latter two were later abandoned.
On 15 August, High Court judge Boas Usiku dismissed all three objections by TransNamib.
“The defendant’s special pleas of prescription, non-compliance with the Formalities in Respect of Sale of Land Act, and lack of ministerial approval are dismissed,” he ruled.
The court also ordered TransNamib to pay Marmorwerke’s legal costs, including those of one instructing and two instructed counsel, without the usual limits.
Usiku found that Marmorwerke’s claim is not a “debt” under the Prescription Act and therefore cannot be barred by time.
He said the relief sought was to enforce contractual obligations, not for money or goods.
“In my opinion Marmorwerke’s claim cannot be characterised as one for payment of money, delivery of goods or the rendering of services. I am therefore of the view that the defendant’s special plea of prescription has no merit and stands to be dismissed.”
Marmorwerke called four witnesses in its case, while TransNamib did not call any.
The case was postponed to 24 September 2025 for a case management conference. Both parties must file a joint case management report by 17 September.
