Beukes v Kubitzausboerdery (Pty) Ltd (2) (Judgment in respect of costs) (SA 18 of 2019) [2020] NASC 24 (20 July 2020)

IN THE SUPREME COURT OF NAMIBIA In the matter between: DAWID BEUKES MARKUS NOABEB ELFRIEDE GAROES WILLEM HAAKSKEEN MARIA TSUSES PETRUS KASTOOR JOHANNES WAMBO MARKUS GAUSEB TIMOTHEUS GARISEB SWARTBOOI TRADITIONAL AUTHORITY and NOT REPORTABLE CASE NO: SA 18/2019 First Appellant Second Appellant Third Appellant Fourth Appellant Fifth Appellant Sixth Appellant Seventh Appellant Eight Appellant Ninth Appellant Tenth Appellant KUBITZAUSBOERDERY (PTY) LTD Respondent Coram: SMUTS JA, HOFF JA and FRANK AJA Heard: IN CHAMBERS Delivered: 20 July 2020 ____________________________________________________________________ JUDGMENT IN RESPECT OF COSTS ____________________________________________________________________ FRANK AJA (SMUTS JA and HOFF JA concurring): [1] In this matter the appeal was struck from the roll ‘with costs inclusive of the costs of one instructing and one instructed legal practitioner’. [2] The legal practitioner of the appellants in a letter to the registrar points out that the costs order was an error as appellants were legally aided litigants and that the respondent, for this reason, did not seek a costs order. The legal practitioner for the respondent had understandably not taken issue with the contents of this letter. [3] As the error relates to the costs order only and there can be no prejudice or injustice to anyone if the order contained in the judgment is altered so as to accord with the concession made on behalf of the respondent it will be so altered.1 [4] In the result the order contained in paragraph 39 of the judgment of 1 July 2020 is altered to read as follows: ‘The appeal is struck from the roll.’ __________________ FRANK AJA 1 Standard Bank v Jacobsen’s Trustee (1899) 16 SC 352, Estate Garlick v Commissioner for the Inland Revenue 1934 AD 499, West Rand Estate Ltd v New Zealand Insurance Co. Ltd 1926 AD 173 at 194 and Zondi v MEC, Traditional and Local Government Affairs & others 2006 (3) SA 1 (CC) paras 34, 35 and 46. __________________ SMUTS JA __________________ HOFF JA APPEARANCES APPELLANTS: R Mondo Of Nixon Marcus Public Law Office, Windhoek RESPONDENT: J Diedericks Instructed by Conradie & Damaseb Legal Practitioners, Windhoek