Likuwa v Letshego Micro Financial Services Namibia (Pty) Ltd and Others (HC-MD-CIV-MOT-2022/00295) [2023] NAHCMD 333 (16 June 2023)

R

EPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

Case No: HC-MD-CIV-MOT-2022/00295

In the matter between:

FELIX NDARA LIKUWA APPLICANT

and

LETSHEGO MICRO FINANCIAL SERVICES

NAMIBIA (PTY) LTD 1^ST RESPONDENT

LETSHEGO BANK NAMIBIA LTD 2^ND RESPONDENT

ENTREPO FINANCIAL SERVICES (PTY) LTD 3^RD RESPONDENT

NAMIBIA FINANCIAL INSTITUTIONS SUPERVISORY

AUTHORITY (NAMFISA) 4^th RESPONDENT

BANK OF NAMIBIA 5^TH RESPONDENT

MINISTER OF FINANCE 6^TH RESPONDENT

AVRIL PAYMENT SOLUTIONS (PTY) LTD 7^TH RESPONDENT

Neutral Citation: Likuwa v Letshego Micro Financial Services Namibia (Pty) Ltd HC-MD-CIV-MOT-2022/00295 [2023] NAHCMD 333 (16 June 2023)

Coram: OOSTHUIZEN J

Result on Merits: Application for leave to appeal refused.

Having heard Mr. Strydom for applicant, Ms Van der Westhuizen for first and second respondents and Mr. Heathcote SC, assisted by Ms De Jager for third respondent and having considered the papers and arguments filed of record:

It is ordered that:

1. The application for leave to appeal is dismissed with costs.

2. The applicant shall pay the costs of the first to the third respondents inclusive of the instructing legal practitioners (2) and instructed counsel (3) as before.

3. The matter is finalised and removed from the roll.

Reasons:

[1] Nothing argued by the applicant for leave to appeal has changed the orders and reasons delivered by me on 27 February 2023.

[2] The applicant in an application for leave to appeal, must show that he has a reasonable prospect of success on appeal and that the appeal court, being reasonable, may find in his favour. The applicant has an insurmountable hindrance, and that is the judgment of the very court he intends to appeal to in Hepute and Others vs Minister of Mines and Energy and Another.¹

[3] The reasons and orders in Likuwa v Letshego Micro Financial Services Namibia (Pty) Ltd² delivered on 27 February 2023 are repeated and incorporated herein and the grounds of appeal raised herein do not pass muster in order to sway my earlier findings and to grant the applicant leave to appeal.

[4] Therefore, leave to appeal is refused

………………………………..

G H OOSTHUIZEN

JUDGE

Note to the applicant:

The reasons hereby provided should be lodged together with any petition made to the Chief Justice of the Supreme Court.

APPEARANCES

APPLICANT: J Strydom

Instructed by Du Pisani Legal Practitioners, Windhoek.

FIRST AND SECOND RESPONDENTS: CE Van der Westhuizen

Instructed by Dr weder, Kauta & Hoveka Inc, Windhoek

THIRD RESPONDENT: R Heathcote, with B de Jager

Instructed by Van der Merwe- Greeff

Andima Incorporated, Windhoek