Diebold v SP Namib Constructions Close Corporation and Another (Reasons for Orders) (HC-MD-CIV-ACT-CON 2365 of 2018) [2019] NAHCMD 114 (17 April 2019)

“ANNEXURE 11” IN THE HIGH COURT OF NAMIBIA Case Title: Case No: Hans Christian Diebold vs SP Namib Constructions CC and 1 Other. Heard before: HC-MD-CIV-ACT-CON-2018/02365 Division of Court: High Court Main Division Date of hearing: Honourable Justice Herman Oosthuizen 8 April 2019 Delivered on: 17 April 2019 Neutral citation: Diebold vs SP Namib Constructions Close Corporation (HC-MD-CIV- ACT-CON-2018/02365) [2019] NAHCMD 114 (17 April 2019). Result on merits: Condonation application dismissed with costs and the Plaintiff's particulars of claim struck. 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. 2. 3. The matter is postponed to 20 May 2019 at 14H00 for status hearing. Plaintiff's condonation application is dismissed with costs. Plaintiff's particulars of claim is struck. Reasons for orders: 1. Plaintiff failed to prosecute its claim diligently. 2. 3. Plaintiff failed to adhere to Rule 19(a), (d), (e) and (i). 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) Ms Da Silva Defendant (s) Mr Mhata Conradie & Damaseb Legal Practitioners Sisa Namandje & Co. Inc 19 Feld Street Windhoek No 13 Pasteur Street Windhoek West Windhoek 2