Kayoka v Gciriku Traditional Authority and Others (HC-MD-CIV-MOT-REV-2023/00425) [2024] NAHCMD 623 (22 October 2024)



REPUBLIC OF NAMIBIA



HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

RULING

(PRACTICE DIRECTION 61)


Case Title:


BARTHOLOMEUS ARUVITA KAYOKA APPLICANT


and


GCIRIKU TRADITIONAL AUTHORITY 1st RESPONDENT

MINISTER OF URBAN AND RURAL

DEVELOPMENT 2nd RESPONDENT

MARAGHULI FELIX MASHIKA 3rd RESPONDENT

PRESIDENT OF THE REPUBLIC OF

NAMIBIA 4th RESPONDENT

BONIFACIOUS WAKUDUMO 5th RESPONDENT

Case No:

HC-MD-CIV-MOT-REV-2023/00425

(INT-HC-UPLIFBAR-2024/00551)


Division of Court:

HIGH COURT (MAIN DIVISION)

Heard before:

HONOURABLE MR JUSTICE ANGULA, DEPUTY JUDGE-PRESIDENT

Date of hearing:

22 October 2024

Delivered on:

22 October 2024

Neutral citation: Kayoka v Gciriku Traditional Authority (HC-MD-CIV-MOT-REV-2023/00425) NAHCMD 623 (22 October 2024)

IT IS ORDERED THAT:


  1. Condonation is granted in respect of the late filing of the the supplementary founding affidavit. The bar is lifted and the applicant is granted leave to file his supplementary founding affidavit.


  1. Condonation is further granted in respect of the late filing of the second respondents answering affidavit. The bar is lifted and the second respondent is granted leave to file its answering affidavit.


  1. There is no order as to costs in respect of both applications.


  1. The matter is postponed to 5 November 2024 at 08h30 for case management conference.


  1. The parties shall file a joint case management report on or before 1 November 2024.


Reasons for the order:


ANGULA DJP:


  1. Having regard to the degree of non-compliance with the court order: the reasonableness and the bona fide of the explanation; the parties interest in the finalization of the case; the prejudice suffered, if any, as a result of the non-compliance by either party.


  1. The convenience of the court and the avoidance of an unnecessary delay in the administration of justice and further having regard to the over-riding objectives of the court to resolve the real dispute between the parties.


  1. Given the early stage at which the pleadings are at this moment, the court is not in a position to properly assess the prospects of success of the parties’ respective cases.


  1. In the courts exercise of its discretion, condonation for the late filing of the applicants supplementary founding affidavit, which was filed at 17h17 instead of 15h00 on due date, is granted.


  1. Furthermore, the condonation for the late filing of the second respondents answering affidavit, filed five days late after the due date, is granted.


  1. Those are my reasons for the order made above.


Judge’s signature:

Note to the parties:





Not applicable.

Counsel:

APPLICANT

SECOND RESPONDENT

I Gebhardt

Of Ileni Gebhardt & Co. Inc, Windhoek

J Ludwig

Of Office of the Government Attorney, Windhoek







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