… Sues local logistics company over truck accident
By Elvis Muraranganda
Nearly three years after a truck allegedly crashed into the boundary wall of the United Nations Development Programme (UNDP) headquarters in Windhoek, the case is nearing its final chapter.
While the dispute over the alleged damage appears to have been resolved, the parties are now back before the High Court to determine who should ultimately foot the legal bill.
The High Court has scheduled the taxation of costs in the matter between the United Nations Association of Namibia, trading as the United Nations Development Programme, and defendants Mateas Godhard and Tokai Investments CC, trading as Tokai Logistics, for 31 July 2026 at 14:00.
According to a notice issued by the Registrar of the High Court, the taxation will be conducted by Taxing Master Tanita van der Merwe, or another available Registrar, Deputy Registrar or Assistant Registrar.
The hearing will not revisit the merits of the case but will focus solely on determining which legal expenses may be recovered and whether the costs claimed are reasonable under the High Court rules.
The latest court notice does not explain how the main dispute came to an end.
It is unclear whether the parties settled the matter, whether the court delivered judgment in favour of one of them, or whether the litigation concluded through another form of court order.
What is clear, however, is that the matter has advanced to the taxation stage, a process that usually follows the conclusion of the principal dispute.
The litigation arose from a civil claim brought by the United Nations Association of Namibia, trading as the UNDP, which sought to recover N$329,046.75 in damages after one of its most recognisable properties in Windhoek was allegedly damaged by a truck belonging to Tokai Logistics.
Court papers filed by Koep and Partners describe the plaintiff as an incorporated association not for gain, duly registered under the laws of Namibia under registration number 21/1995/0208.
The organisation states that its principal place of business is the United Nations House, situated at 38 Stein Street in Windhoek.
The first defendant is identified as Mateas Godhard, while the second defendant is Tokai Investments CC, trading as Tokai Logistics, a close corporation with its principal place of business at Riverlet Court in Ausspannplatz, Windhoek.
According to the pleadings, the entire cause of action arose within the jurisdiction of the High Court.
The UNDP further states that, at all relevant times, it was either the registered owner or the bona fide possessor of the United Nations House and that the risk of loss and benefit in respect of the property had passed to it.
On that basis, it argued that it was entitled to institute legal proceedings to recover the damages allegedly suffered.
The claim stems from an incident that allegedly occurred on 7 December 2023 at approximately 16:20.
According to the particulars of claim, Godhard was driving a white truck bearing registration number N 59175 W when the vehicle collided with the boundary wall surrounding the United Nations House.
The UNDP alleges that Godhard was acting within the course and scope of his employment with Tokai Logistics at the time of the collision.
Alternatively, it argues that he was acting within the risk created by his employment or in furtherance of the company’s interests, making Tokai Logistics vicariously liable for the alleged damage caused by its employee.
In its claim, the organisation places responsibility for the collision squarely on the driver.
It alleges that Godhard failed to keep a proper lookout, failed to maintain proper control of the truck and drove at an excessive speed in the prevailing circumstances.
The UNDP further claims that he failed to apply the brakes timeously, or at all, drove through the property’s boundary wall and failed to avoid the collision when, by exercising reasonable care, he could and should have done so.
According to the plaintiff, those alleged acts and omissions directly caused the damage to its property.
The organisation says the impact caused extensive damage beyond the boundary wall itself.
Court papers state that the collision damaged the front lawn, windows, the United Nations monument situated on the property, sections of pavement and nearby fire hydrants.
The plaintiff argues that significant repairs were required to restore the premises to the condition they were in before the alleged collision.
The UNDP quantified its losses at N$329,046.75.
According to the claim, N$317,193.22 represented the fair and reasonable cost of repairing the damaged property, while N$11,853.53 related to assessor’s fees incurred in evaluating the damage to the boundary wall.
The organisation supported its claim with repair quotations and an assessor’s report attached to the particulars of claim.
Court papers further state that the UNDP made formal demand for payment from the defendants but alleged that neither Godhard nor Tokai Logistics compensated it for the losses it had suffered.
The organisation consequently approached the High Court seeking an order directing the defendants to pay the damages jointly and severally, meaning payment by one defendant would absolve the other to the extent of that payment.
In addition to the damages, the plaintiff sought interest at 20 percent per annum from the date of judgment until final payment, legal costs and any further or alternative relief the court considered appropriate.
While the taxation hearing indicates that the main dispute has already been disposed of, the latest court notice does not reveal the outcome that brought the matter to this stage.
Whether the parties reached an out-of-court settlement, whether the court ruled in favour of one side or whether another order resolved the litigation remains unclear from the available court documents.
Friday’s proceedings are therefore expected to focus exclusively on the financial consequences of the litigation rather than the alleged crash itself.
The Taxing Master will assess the legal costs incurred during the proceedings and determine which of those expenses are recoverable under the High Court rules.
The process is intended to ensure that only reasonable and properly incurred legal costs are awarded.
Once the taxation process has been completed, the matter will move closer to its formal conclusion, bringing to an end litigation that has remained before the High Court since the alleged collision at the United Nations House in December 2023.
