Court name
High Court Main Division
Case name
Kambazembi Guest Farm CC t/a Waterberg Wilderness v Minister of Lands And Resettlement Minister of Agriculture Water And Forestry and Others
Media neutral citation
[2015] NAHCMD 184
Judge
Unengu AJ










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