SCHIMMING-CHASE, AJ This is an urgent application for spoliatory relief. The applicant seeks an order directing the respondents to restore undisturbed and peaceful possession of a vehicle, namely a Syno dumper truck (“the truck”) with engine number LZZ5ELND3EW864310 which, according to the applicant, was unlawfully in Walvis Bay by the first and fourth respondents (hereinafter referred “detained” at as respondents” unless reference is made to a specific respondent of the “the five respondents cited in this application). The second respondent is the deputy sheriff of Walvis Bay (referred to interchangeably as sheriff” or respondent”). Though an officer “deputy “second of the court and cited herein, he has not opposed this application. The third respondent is Tokok Investments CC, a close corporation duly registered and incorporated in Namibia in accordance with the provisions of the applicable close corporation laws. The applicant’s husband, to whom she is married out of community of property, is the sole member of Tokok Investments CC. The fourth respondent is a director of the first respondent, a company with limited liability registered and incorporated in Namibia in accordance with the applicable company law provisions. The fifth respondent is the applicant’s husband. The applicant clearly averred in her founding papers that she and her husband conduct their affairs in their individual capacities, and that their estates are totally separate. In support of the relief sought, the applicant alleged at the outset that she is the owner of the truck. She also went to great lengths and devoted a number of paragraphs in the founding papers to prove her ownership of the aforesaid truck. She further averred that prior to the actions” of the respondents, “unlawful she had overall control of the truck, and accordingly was in possession of same. The basis of her control and possession is in essence that she leased the truck to an entity named Back to Back Investments (Pty Ltd), which at all material times utilised the truck in its contract with China Harbour Engineering Company Ltd, a major contractor currently involved in the construction of the expansion of the Walvis Bay Port under the auspices of Namport in Walvis Bay.
SCHIMMING-CHASE, AJ This is an urgent application for spoliatory relief. The applicant seeks an order directing the respondents to restore undisturbed and peaceful possession of a vehicle, namely a Syno dumper truck (“the truck”) with engine number LZZ5ELND3EW864310 which, according to the applicant, was unlawfully “detained” in Walvis Bay by the first and fourth respondents (hereinafter referred at as “the respondents” unless reference is made to a specific respondent of the five respondents cited in this application). The second respondent is the deputy sheriff of Walvis Bay (referred to interchangeably as “deputy sheriff” or “second respondent”). Though an officer of the court and cited herein, he has not opposed this application. The third respondent is Tokok Investments CC, a close corporation duly registered and incorporated in Namibia in accordance with the provisions of the applicable close corporation laws. The applicant’s husband, to whom she is married out of community of property, is the sole member of Tokok Investments CC. The fourth respondent is a director of the first respondent, a company with limited liability registered and incorporated in Namibia in accordance with the applicable company law provisions. The fifth respondent is the applicant’s husband. The applicant clearly averred in her founding papers that she and her husband conduct their affairs in their individual capacities, and that their estates are totally separate. In support of the relief sought, the applicant alleged at the outset that she is the owner of the truck. She also went to great lengths and devoted a number of paragraphs in the founding papers to prove her ownership of the aforesaid truck. She further averred that prior to the “unlawful actions” of the respondents, she had overall control of the truck, and accordingly was in possession of same. The basis of her control and possession is in essence that she leased the truck to an entity named Back to Back Investments (Pty Ltd), which at all material times utilised the truck in its contract with China Harbour Engineering Company Ltd, a major contractor currently involved in the construction of the expansion of the Walvis Bay Port under the auspices of Namport in Walvis Bay.