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Namibia decisions
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Alutumani v Walvis Bay Stevedoring Co (Pty) Ltd (LCA 46 of 2014) [2022] NALCMD 74 (5 December 2022)
The Labour Court refused condonation for a late application for leave to appeal, finding the delay unexplained and the non-compliance with appeal rules flagrant.
Swartz v Namibia Water Corporation Limited (HC-MD-CIV-ACT-CON- 2419 of 2022) [2022] NAHCMD 547 (12 October 2022)
The High Court refused condonation for a late notice of exception, holding that practitioners’ remissness was not a good reason and that prospects alone were insufficient.
Kalipa Paulus Marungu v Eufrasia Tjangano Maghoma (HC-MD-CIV-ACT-MAT 1927 of 2018) [2020] NAHCMD 85 (6 March 2020)
The High Court of Namibia dismissed the defendant’s condonation application for late filing of a counterclaim, citing rule non-compliance, poor explanation, and non-appearance.
Namibia Breweries Limited v Mujoro (LCA 9 of 2017) [2018] NALCMD 1 (31 January 2018)
There was no proper notice of appeal filed; therefore, there was nothing for the court to condone and the application for condonation must be dismissed.
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Maiba v S (CA 52 of 2017) [2017] NAHCMD 359 (29 December 2017)
The High Court refused condonation for a late notice of appeal in a rape sentence appeal, finding no reasonable explanation for the delay and no prospects of success.
Luderitz Town Council v Kornelia (1) (Reasons) (LCA 66 of 2015) [2017] NALCMD 7 (24 February 2017)
The applicant failed to provide a sufficient and reasonable explanation for the delays, as mere negligence or oversight by the legal practitioner does not meet the requirements for condonation. The applicant must bear the consequences of her chosen representative's lack of diligence.
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Christian t/a Hope Financial Services v Namibia Financial Institutions Supervisory Authority (2) (APPEAL 35 of 2013) [2016] NAHCMD 87 (31 March 2016)
The High Court condoned NAMFISA’s late notice to oppose, holding the delay minimal, non-prejudicial, and adequately explained, and rejected authority objections.
Epic Transport (Pty) Ltd v MLN Junior Trucking CC (244 of 2015) [2015] NAHCMD 198 (25 August 2015)
The High Court dismissed condonation for late filing of an affidavit opposing summary judgment and granted summary judgment for the plaintiff.
S v Ganeb (4) (Application for leave to appeal) (CA 28 of 2008) [2011] NAHC 277 (16 September 2011)
The High Court dismissed an out-of-time application for leave to appeal because no proper condonation application or affidavit explained the delay, and no prospects of success were shown.
S v Peter and Others (CC 20 of 2008) [2011] NAHC 15 (24 January 2011)
The High Court of Namibia refused condonation for Willem Peter’s late notice of appeal, holding the delay was not satisfactorily explained and prospects of success need not be considered.
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