Diebold vs SP Namib Constructions Close Corporation and Another (HC-MD-CIV-ACT-CON-2018/02365) [2019] NAHCMD 114 (17 April 2019);

Group

Full judgment

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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