Transnamib Holdings Limited v Gaeb (LCA 23 of 2005) [2007] NAHC 43 (13 June 2007)

Transnamib Holdings Limited v Gaeb (LCA 23 of 2005) [2007] NAHC 43 (13 June 2007)

An informal application for postponement without a substantive basis is untenable, especially where the hearing date was mutually agreed by the parties' legal representatives and the applicant had ample opportunity to file a proper application. Rule 18(1) does not apply to a pending appeal where the date was set by agreement.

Citation
[2007] NAHC 43
Parties
Applicant/appellant: TransNamib Holdings Limited; Respondent: Benhardt Gaeb
Court
High Court
Jurisdiction
Namibia
Judgment Date
13 June 2007
Case Number
LCA 23 of 2005
Procedural Posture
Labour Court Appeal / Application for Postponement of Appeal Hearing
Outcome
Application for postponement dismissed with costs; appeal to be heard on a date to be arranged with the Registrar.
Legal Topics
Postponement of Hearings, Default Judgment, Rescission of Judgment, Application of Court Rules
Source Language
English
Labour Law Civil Procedure Postponement of Hearings Default Judgment Rescission of Judgment Application of Court Rules

Case Brief

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Parties

TransNamib Holdings Limited

Applicant/appellant

Benhardt Gaeb

Respondent

Procedural Posture

Labour Court Appeal / Application for Postponement of Appeal Hearing

Legal Issues

  1. 1 Whether an informal application for postponement is tenable without a substantive application
  2. 2 Whether Rule 18(1) of the Labour Court Rules applies to a pending appeal where the hearing date was mutually agreed

Ratio Decidendi

An informal application for postponement without a substantive basis is untenable, especially where the hearing date was mutually agreed by the parties' legal representatives and the applicant had ample opportunity to file a proper application. Rule 18(1) does not apply to a pending appeal where the date was set by agreement.

Court Disposition

Application for postponement dismissed with costs; appeal to be heard on a date to be arranged with the Registrar.

Orders

  • The application is dismissed with costs.
  • The appeal is to be heard on a date to be arranged with the Registrar.