Court name
High Court Main Division
Case number
APPEAL 35 of 2013

Christian t/a Hope Financial Services v Namibia Financial Institutions Supervisory Authority (2) (APPEAL 35 of 2013) [2016] NAHCMD 87 (31 March 2016);

Media neutral citation
[2016] NAHCMD 87
Headnote and holding:

Practice - Applications and motions - Application for condonation for late filing of notice to oppose - Respondent exceeding time line set by court order by a few hours - Court holding that as the history of the matter showed a serious resolve on the respondent’s part to oppose the main application and to be heard on the merits thereof and as there were prospects of success and as the delay and the degree of noncompliance was not significant and as the prosecution of the main application was in no manner whatsoever delayed by the late filing of the notice of intention to oppose the court would not shut the doors of the court in the face of the respondent - Application for condonation granted.

Practice — Applications and motions — Locus standi — applicant also challenging authority of respondent’s legal practitioner to bring the condonation application on behalf of his client in the absence of a confirmatory affidavit from the client – Given the wide ranging powers and authority conferred by resolution passed by the respondent, it became clear that the bringing of any interlocutory application also fell within the ambit of the power and authority granted to the legal practitioner thereby.

Court also held that it was not in respect of all interlocutory applications that a confirmatory affidavit, from a client, confirming the authority, of a legal practitioner, to bring an interlocutory application on behalf of the client, would be required. The necessity for this would be dictated by the facts and circumstances of the case. In this instance, the respondent’s legal practitioner had slipped up. He had instructions to oppose the main application. He had filed the requisite notice to oppose late, he thus had to get his house in order and bring a condonation application to rectify this remissness. Surely in such circumstances a confirmatory affidavit by the client was not required.

Geier J