Court name
High Court Main Division
Case name
Diebold vs SP Namib Constructions Close Corporation and Another
Media neutral citation
[2019] NAHCMD 114
Oosthuizen J

The order:

Having heard Nambili Mhata, counsel for the first and second defendants, and having read the documents filed of record:


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:



Defendant (s)

Ms Da Silva

Conradie & Damaseb Legal Practitioners

19 Feld Street


Mr Mhata

Sisa Namandje & Co. Inc

No 13 Pasteur Street

Windhoek West