Staff Reporter
MOMENTUM Insurance Limited has launched an urgent ex-parte application in the High Court of Namibia in a desperate fight to regain an amount of N$2.4 million which was overpaid to Doctor Nadja Sabine Muller, an anaesthesiologist, who emigrated from Namibia to the Republic of Ireland whilst the insurance company had waited on her to repay the funds.
This comes after the Informanté reported at the beginning of October that Momentum had entered into an agreement with the Namibia Competition Commission (NaCC) to pay a fine of N$1 million for price fixing in the vehicle insurance segment.
In the most recent matter, Johan Barnard, the Chief Executive Officer (CEO) of Momentum Insurance Limited, explained in a founding affidavit that Momentum has a claim against Dr Nadja Sabine Muller (Dr Muller) for the repayment of an overpayment made by Momentum to Dr Muller in the amount of N$2,411,279.97. The company, however, learned 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 said.
He added that extensive investigations had revealed that Dr Muller’s residence was registered in the name of a company in which the shareholder was a trust of which Dr Muller and her two children are beneficiaries. He added that her husband appears to have been removed 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 said.
He thus said that the purpose of the urgent application is to found or confirm jurisdiction over Dr Muller on an urgent basis by attaching any outstanding claims due to Dr Muller under her practice number with about six Namibian medical aid funds, as well as 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 said.
High Court Acting Judge, Kobus Miller, in a court order said that a rule nisi is issued, calling upon the respondent, Dr Muller, and any party, on 3 December 2024 at 09:00, to show why the following orders should not be made final: which include the Deputy Sheriff for Windhoek attaching any outstanding claims due and in favour of Dr Muller under her practice number with the following medical aid 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 will also include 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 said.
