Namibia: Governor Demands Car Back From Towing Company

1 September 2021

OHANGWENA governor Walde Ndevashiya is taking northern towing company Shaduka Trading to court for refusing to return his car after an accident at Outapi two years ago.

According to documents filed at the Oshakati High Court, the accident took place on 13 August 2019 at Outapi in the Omusati region.

Ndevashiya's Toyota Corolla was involved in a head-on collision with a Toyota VVT-i and was allegedly towed under the name of Tangeni Sakaria, who was driving it, the documents state.

In his claim, Ndevashiya says he did not give permission nor enter into any agreement with Shaduka Trading to tow his vehicle to the company's premises.

The towing company is owned by Immanuel Shaduka.

Shaduka, through his legal representatives Kangumu Attorneys, is demanding that the governor pay him N$56 500 for the towing and storage of his vehicle before releasing it.

Shaduka claims the vehicle in dispute was towed under Sakaria's name, who indicated and signed that he was the rightful owner of the vehicle on the date of the collision.

He also said in his plea and counterclaims that documents filed by the governor do not prove ownership of the vehicle.

"Registration of a motor vehicle does not equate to ownership. The vehicle is, until the contrary is proved, owned by Sakaria, and Ndevashiya does not have the necessary legal standing to institute the current proceedings," Shaduka says.

He alleges that Sakaria came to the storage facility after the accident and signed documents for the storage of the vehicle.

He also signed that he was the owner of the vehicle, Shaduka says.

Ndevashiya, however, denies that the vehicle is owned by Sakaria, saying he merely permitted Sakaria to drive the vehicle.

The vehicle is currently in Shaduka's possession at Outapi.

Ndevashiya wants the High Court to order Shaduka to release the vehicle within seven days.

Failing to do so, the deputy sheriff should be authorised to take possession of the vehicle and restore it to him, he says.

Ndevashiya yesterday declined to comment on the issue.

"My private life has got nothing to do with anyone. I'm not suing anyone for that matter, and I'm not going to say anything," he said.

Shaduka was not available for comment on Monday.

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