Delivered: 11 September 2014 Flynote: Practice Applications and motion Urgency Urgency – – – Application struck from the Roll. ORDER I make the following order: I will accordingly strike the matter from the roll with costs which will include the costs of one instructing and two instructed counsel. JUDGMENT MILLER, AJ: [1] It is not often if ever the case that a luxury tourist lodge and a copper mine seek to exist harmoniously on the same piece of land. That, however in the situation in which the applicant and the first and second respondent wittingly find themselves. [2] They are presently in litigation on several fronts. There is an action pending before my brother Damaseb JP in which the first and second respondent seek the eviction of the applicant from the property they sold to the applicant, the property being described as farm !Uris No 481. I shall refer to it as the property. That transaction was concluded in 2002. I was informed that the trial will commence in November 2014. On 16 August 2013 the applicant launched review proceedings by notice of motion against the
Delivered: 11 September 2014 Flynote: Practice – Applications and motion – Urgency – Urgency Application struck from the Roll. ORDER I make the following order: I will accordingly strike the matter from the roll with costs which will include the costs of one instructing and two instructed counsel. JUDGMENT MILLER, AJ: [1] It is not often if ever the case that a luxury tourist lodge and a copper mine seek to exist harmoniously on the same piece of land. That, however in the situation in which the applicant and the first and second respondent wittingly find themselves. [2] They are presently in litigation on several fronts. There is an action pending before my brother Damaseb JP in which the first and second respondent seek the eviction of the applicant from the property they sold to the applicant, the property being described as farm !Uris No 481. I shall refer to it as the property. That transaction was concluded in 2002. I was informed that the trial will commence in November 2014. On 16 August 2013 the applicant launched review proceedings by notice of motion against the