“ANNEXURE 11”
IN THE HIGH COURT OF NAMIBIA
Case Title: Hans Christian Diebold vs SP Namib Constructions CC and 1 Other. | Case No: HC-MD-CIV-ACT-CON-2018/02365 | |
Division of Court: High Court Main Division | ||
Heard before: Honourable Justice Herman Oosthuizen | Date of hearing: 8 April 2019 | |
Delivered on: 17 April 2019 | ||
Neutral citation: Diebold vs SP Namib Constructions Close Corporation (HC-MD-CIV-ACT-CON-2018/02365) [2019] NAHCMD 114 (17 April 2019). | ||
Result on merits: Condonation application dismissed with costs and the Plaintiff's particulars of claim struck. | ||
The order: Having heard Nambili Mhata, counsel for the first and second defendants, and having read the documents filed of record: IT IS ORDERED THAT: 1. The matter is postponed to 20 May 2019 at 14H00 for status hearing. 2. Plaintiff's condonation application is dismissed with costs. 3. Plaintiff's particulars of claim is struck. | ||
Reasons for orders: | ||
1. Plaintiff failed to prosecute its claim diligently. 2. Plaintiff failed to adhere to Rule 19(a), (d), (e) and (i). 3. Plaintiff filed two notices of motion with a founding affidavit on 22 March 2019, two days late, without explanation or a request for condonation and in both pages 3 of 5 were not filed. 4. Plaintiff failed to make out its case in the founding affidavit and failed to make out good cause. | ||
Judge’s signature: | Note to the parties: | |
Counsel: | ||
Plaintiff(s) | Defendant (s) | |
Ms Da Silva Conradie & Damaseb Legal Practitioners 19 Feld Street Windhoek | Mr Mhata Sisa Namandje & Co. Inc No 13 Pasteur Street Windhoek West Windhoek | |
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