REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 2551/2014 In the matter between: COLIA LOUIS FAMILY TRUST APPLICANT and KOMSBERG FARMING (PTY) LTD (in Liquidation) 1ST RESPONDENT THE MASTER OF THE HIGH COURT 2ND RESPONDENT Neutral citation: Colia Louis Family Trust v Komsberg Farming (Pty) Ltd (in Liquidation) (I 2551/2014) [2018] NAHCMD 9 (29 January 2018) Coram: OOSTHUIZEN J Heard: 27 OCTOBER 2017 Delivered: 29 JANUARY 2018 Flynote: Application for leave to appeal application for condoning late filing of – the leave to appeal prospects of success on appeal bona fide defence. – – Summary: Applicant applied for condonation of its failure to comply with a court order. Rule 54 (3) of the Namibian High Court Rules automatically bar a litigant in the event it did not plea timeously. Rule 55 requires a party to show good cause in
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 2551/2014 In the matter between: COLIA LOUIS FAMILY TRUST APPLICANT and KOMSBERG FARMING (PTY) LTD (in Liquidation) 1ST RESPONDENT THE MASTER OF THE HIGH COURT 2ND RESPONDENT Neutral citation: Colia Louis Family Trust v Komsberg Farming (Pty) Ltd (in Liquidation) (I 2551/2014) [2018] NAHCMD 9 (29 January 2018) Coram: OOSTHUIZEN J Heard: 27 OCTOBER 2017 Delivered: 29 JANUARY 2018 Flynote: Application for leave to appeal – application for condoning late filing of the leave to appeal – prospects of success on appeal – bona fide defence. Summary: Applicant applied for condonation of its failure to comply with a court order. Rule 54 (3) of the Namibian High Court Rules automatically bar a litigant in the event it did not plea timeously. Rule 55 requires a party to show good cause in