Authored on
2022-07-21

The family battle for ownership of erf 93 in Katutura Frans Haosemab Street is far from over after one of the siblings sold the property.

The owner of the house, a mentally challenged 84-year-old woman, Martha !Goases, died earlier this year as an unhappy pensioner after her grandson transferred the property in his name under false pretences.

The evicted !Gaoseb family continues to fight for the home, where three generations were raised.

Although without a roof, daughter Paulina !Goases is determined to return the house under the family's control. 

Her brother sold the house, and the family was evicted three weeks ago by the new owners. 

The family resorted to the courts but did not find justice as the Katutura Magistrate's Court endorsed the sale.

Paulina recounted the events of the day of her mother's burial, including how the new homeowner arrived.

"The supposed new owner came to the house while we had our mother's funeral; he saw tents at the house, and he was walking around like he owned the house. I was even saying to myself, Can this person not see if there's a funeral? What type of human being is he who has no heart?"

The struggle started in 2015 when Martha's grandson, Leonard !Gaoseb, allegedly misled her into signing for the transfer of the property, unknowingly setting the stage for a legal battle that would span nearly a decade. 

Leonard's actions, compounded by Martha's mental illness, left her vulnerable and ultimately led to the sale of the home without her full understanding or consent.

"My mother died on the 28th of February this year while fighting for this house, crying tears because of her house. As a mental patient, my mother stood in court for trespassing like a criminal."

Paulina, who is also an unemployed pensioner, has since taken up the fight, determined to reclaim the home that has been the foundation of their family.

"My hope is to at least move back in the house; this fight was fought for 10 years, but it is the first time that there's a court case for this house. I don't even know court cases, and I don't know what exactly happens in there. Even with my 60 years on earth, my only plea is to have, or the only thing I ask is if we could at least just move back in the house and resolve the matter, and then also have the true owner of the house to show themselves."

The family who was evicted from their home has 12 members, including a 7-month-old baby, without shelter. 

Their only option now is to appeal to the High Court in the hopes that the case will be recognised as a fraudulent sale.

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Johanna !Uri≠khos