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Atlantic Ocean Management (Pty) Ltd v Prosecutor General (HC-MD-CIV-MOT-GEN 172 of 2017) [2022] NAHCMD 627 (7 November 2022)
The High Court dismissed an application to release funds from a Bank Windhoek account, citing delay, a later related action, and possible forfeiture under exchange control rules.
Rainier Arangies t/a Auto Tech v Quick Build (SA 25 of 2010) [2013] NASC 4 (18 June 2013)
The appellant failed to provide a cogent or persuasive explanation for the substantial delay in filing the appeal record. Although the High Court erred in requiring proof of intention to abuse process for dismissal of the respondent's action, the delays in the main action, while inordinate, were not entirely inexcusable and prejudice was not solely attributable to the respondent. Therefore, the appellant had no prospects of success on appeal and condonation was refused.
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