Staff Reporter

MOMENTUM Insurance Limited has launched an pressing ex-parte software within the High Court of Namibia in a determined combat to regain an quantity of N$2.4 million which was overpaid to Doctor Nadja Sabine Muller, an anaesthesiologist, who emigrated from Namibia to the Republic of Ireland while the insurance coverage firm had waited on her to repay the funds.

This comes after the Informanté reported at first of October that Momentum had entered into an settlement with the Namibia Competition Commission (NaCC) to pay a high quality of N$1 million for worth fixing within the automobile insurance coverage phase.

In the latest matter, Johan Barnard, the Chief Executive Officer (CEO) of Momentum Insurance Limited, defined in a founding affidavit that Momentum has a declare in opposition to Dr Nadja Sabine Muller (Dr Muller) for the compensation of an overpayment made by Momentum to Dr Muller within the quantity of N$2,411,279.97. The firm, nevertheless, realized of her disappearance on 8 October 2024.

“When Dr Muller was notified of the overpayment, she undertook to have her accountant verify the amount she had to repay to Momentum and to then make the repayment to Momentum. While Momentum waited for her to do so, she has, in the meantime, emigrated to the Republic of Ireland, thereby putting herself beyond the jurisdiction of this court,” Barnard stated.

He added that in depth investigations had revealed that Dr Muller’s residence was registered within the identify of an organization through which the shareholder was a belief of which Dr Muller and her two kids are beneficiaries. He added that her husband seems to have been eliminated as a beneficiary and trustee after his divorce from Dr Muller.

“A NATIS search revealed no motor vehicles are registered in Dr Muller’s name. The investigations further revealed that Dr Muller has but one bank account still open, held at Nedbank Namibia Limited, and this is the account into which medical aid payments, or at least some of them, are being received. As far as we could ascertain, Dr Muller no longer practises in Namibia, and once these remaining medical aid fund payments have been settled and paid into her Nedbank account, and are transferred out of Namibia to Ireland or elsewhere, there will be nothing, as far as we know, to attach to found or confirm jurisdiction. Dr Muller would then have evaded this court’s jurisdiction,” Barnard stated.

He thus stated that the aim of the pressing software is to discovered or affirm jurisdiction over Dr Muller on an pressing foundation by attaching any excellent claims resulting from Dr Muller beneath her follow quantity with about six Namibian medical support funds, in addition to any funds held in her Nedbank account.

“Momentum needs to secure jurisdiction over Dr Muller so that it can institute action and pursue its claim for repayment of the overpaid amount against Dr Muller in this Honourable Court. Momentum also believed that Dr Muller would have had, and kept open, an operating account, into which she could receive payments from the medical aid funds. Enquiries at the commercial banks in Namibia have revealed that only one account is open, and it is held at Nedbank Namibia Limited. It is this account that Momentum seeks to attach,” Barnard stated.

High Court Acting Judge, Kobus Miller, in a court docket order stated {that a} rule nisi is issued, calling upon the respondent, Dr Muller, and any celebration, on 3 December 2024 at 09:00, to indicate why the next orders shouldn’t be made last: which embody the Deputy Sheriff for Windhoek attaching any excellent claims due and in favour of Dr Muller beneath her follow quantity with the next medical support funds: Namibia Health Plan (NHP); Public Service Medical Aid Scheme (Psemas); Nammed Medical Aid, Gemhealth Medical Aid Scheme, Napotel Medical Aid Fund, and Renaissance Health Medical Aid Fund. The attachment can even embody any funds held in her Nedbank account.

“The applicant is granted leave to sue the respondent (Nadja Sabine Muller) by way of edictal citation in the course of the applicant’s intended action against the respondent (Nadja Sabine Muller) for repayment of monies,” Judge Miller stated.