NAMDIA has dismissed the defence filed by security company G4S in the High Court as "utterly contrived" and one that is "poor and improper".
In court papers filed this week, the state-owned diamond marketing company argues that the position taken by G4S, including its suggestion that it could at most be liable for only N$4,200, is legally unsustainable and not supported by properly pleaded facts.
Responding to G4S, NAMDIA says the security company attempted to deny a number of allegations while at the same time reserving the right to present "gainsaying evidence" later, without explaining the factual basis for those denials.
According to NAMDIA, this approach does not comply with the rules of court, which require a party to clearly state the material facts on which its defence is based.
The company argues that simply denying allegations while reserving the right to challenge them later amounts to defective pleading.
NAMDIA further takes issue with G4S's reliance on contractual provisions which it claims shield the security firm from liability for the loss.
While NAMDIA acknowledges that a security services agreement existed between the two parties, it rejects the interpretation advanced by G4S that the contract excludes the company from responsibility if diamonds were stolen from the premises.
NAMDIA argues that the agreements themselves contain clauses dealing with liability in cases of loss, which contradict the security company's claim that it carries no responsibility.
The diamond marketing company maintains that G4S remains liable for the loss suffered during the robbery and should be held accountable for damages exceeding N$300 million.
The dispute stems from the January 2025 armed robbery at NAMDIA's offices in Windhoek, where gunmen stormed the premises and stole a large quantity of diamonds.
NAMDIA is represented in the matter by lawyer Gilroy Kasper.