“ANNEXURE 11”
Practice Directive 61
IN THE HIGH COURT OF NAMIBIA
Case Title: NAMIB MILLS (PTY) LIMITED // BOKOMO FOODS NAMIBIA (PTY) LTD | Case No: HC-MD-CIV-MOT-GEN-2018/00398 | |
Division of Court: HIGH COURT (MAIN DIVISION) | ||
Heard before: HONOURABLE MR JUSTICE ANGULA, DEPUTY JUDGE-PRESIDENT | Date of hearing: 13 FEBRUARY 2019 | |
Delivered on: 20 FEBRUARY 2019 | ||
Neutral citation: Namib Mills (Pty) Limited v Bokomo Foods Namibia (Pty) Ltd (HC-MD-CIV-MOT-GEN-2018/00398) [2019] NAHCMD 30 (20 February 2019) | ||
The order: Having heard Mr Salmon SC (with him Mr Maasdorp), counsel for the applicant, and Mr Heathcote SC (with him Ms van der Westhuizen), counsel for the respondent, and having read the documents filed of record: IT IS ORDERED THAT:
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Reasons for orders: | ||
The court is not inclined to consider the issue of the interim interdict sought by the applicant at this stage of the proceedings for the following reasons: [1] The applicant has not filed its replying affidavit. Moreover the applicant has indicated to the court that it is not prepared to waive its right to file its replying affidavit. [2] In the light of the foregoing, the court is of the view that the pleadings have not closed and the parties have not joined issues. Under those circumstances the court is of the considered view that it would be premature to consider exercising its discretion whether or not to grant an interim interdict. [3] Furthermore, the court is not persuaded that it would be in line with the overriding objectives of the rules of this court to consider the issue of an interim interdict while the pleadings are still open. To the contrary, the court is of the view that to do so, would amount to piecemeal approach to the matter and in conflict with the overriding objectives of the rules of this court. [4] Given the fact that the issue of urgency has fallen by the wayside, the court is of the further view that it would not be in the interests of justice to consider the issue of an interim interdict without full factual matrix before it and without proper reflection on both legal and factual matters. [5] During the preliminary hearing on 13 February 2019, counsel for the respondent indicated to the court that the respondent was offering wasted costs for the day. In my view, the offer was well made, taking into consideration the respondent’s application for condonation for the late filing of the answering affidavit. Accordingly an order will be made to that effect. | ||
Judge’s signature: | Note to the parties: | |
Not applicable. | ||
Counsel: | ||
Applicant | Respondent | |
O Salmon SC (with him R Maasdorp) Instructed by Theunissen, Louw & Partners, Windhoek | R Heathcote SC (with him C E van der Westhuizen) Instructed by Engling, Stritter & Partners, Windhoek |
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