Kambazembi Guest Farm CC t/a Waterberg Wilderness v Minister of Lands And Resettlement Minister of Agriculture Water And Forestry and Others (A295/2013) [2015] NAHCMD 184 (08 May 2015);

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Full judgment

REPUBLIC OF NAMIBIA


HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK


JUDGMENT


Case no: A 295/2013


DATE: 05 AUGUST 2015


In the matter between:


KAMBAZEMBI GUEST FARM CC t/a WATERBERG

WILDERNESS....................................................................................................................APPLICANT


And


THE MINISTER OF LANDS AND RESETTLEMENT 1ST RESPONDENT

THE MINISTER OF AGRICULTURE, WATER AND

FORESTRY............................................................................................................2ND RESPONDENT


THE MINISTER OF FINANCE..........................................................................3RD RESPONDENT

THE CHAIRPERSON OF THE LAND REFORM


ADVISORY COMMISSION................................................................................4TH RESPONDENT


THE COMMISSIONER FOR INLAND REVENUE.........................................5TH RESPONDENT


THE ATTORNEY-GENERAL OF NAMIBIA....................................................6TH RESPONDENT



Neutral citation: Kambazembi Guest Farm CC v The Minister of Lands and Resettlement (A 295-2013) [2015] NAHCMD 184 (05 August 2015)


Coram: UNENGU AJ


Heard: 05 August 2015


Delivered: 05 August 2015 (Ex tempore)


Judg. made available: 06 August 2015


ORDER


(i) Leave to appeal against the whole judgment of 5 June 2015 is granted.


(ii) The order of costs of the application for leave to appeal shall be costs in the appeal.


JUDGMENT


UNENGU AJ:


[1] The applicant in the matter by notice of motion filed on 1 October 2014 applied for and sought certain orders to be granted by the court against the Minister of Lands and Resettlement.


[2] The application was heard and argued before me on 8 April 2015. I reserved the ruling after listening to submissions from counsel and delivered the ruling only on 05 June 2015. The judgment or ruling was that:


(i) That the point in limine raised by the respondents is upheld.


(ii) That the application is struck from the roll with costs.


[3] I was of the view that the proceedings before me were of interlocutory nature and as such Rule 32(9) and 32(10) which are peremptory should have been complied with – which the parties did not comply with.


[4] Aggrieved by the ruling delivered on 5 June 2015 against it, the applicant has come back to court applying for leave to appeal the ruling of the court as a whole. The ruling is being attacked on various grounds which I shall not repeat in my ex tempore judgment.


[5] Both counsel prepared some written heads of argument on which they expanded during their oral submissions. I have considered the submissions presented and the authorities I have been referred to. It is common cause that the test in these types of applications is whether the applicant has reasonable prospects of success on appeal. Put it differently, whether another court (the Supreme Court) will come to a different conclusion on the conclusions of law involved. There is such a reasonable prospects of success on appeal that the court of appeal may take a different view from that I have arrived at.That being the case, I have decided to grant the application for leave to appeal against my ruling of 5 June 2015.


[6] Accordingly, the following order is made:


(i) Leave to appeal against the whole judgment of 5 June 2015 is granted.


(ii) The order of costs of the application for leave to appeal shall be costs in the appeal.


E P UNENGU AJ


Judge


APPEARANCES


APPLICANT :R Tötemeyer SC

Instructed by Lorentz Angula Inc., Windhoek



RESPONDENTS: G Narib (with him Mr Nekwaya)

of Government Attorney, Windhoek

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