Flynote: Law of Evidence—Admission as to the number of cattle confiscated—Law on admissions restated—Respondents bond by full and satisfactory/reasonable explanation provided for Respondents bond. Summary: The applicants invaded Nyae Nyae conservancy (Tsunkwe) with a number of cattle. The respondents confiscated the cattle. In the interdict application, (to prevent the cattle from being disposed of) applicants stated that their cattle were 2177. admitted the number. Dispute about the number of cattle impoundment. Applicants argued that the respondents were bound by the admission. Respondent filled an affidavit explaining that the admission was a bona fide mistake and applied to court to have it withdrawn. Held, admission not fully explained nor reasonable explanation for admission. The application to withdraw admission refused. ______________________________________________________________________ ORDER ______________________________________________________________________ [1] The respondents are ordered to pay the applicants N$3 245690.00, for the balance of 995 cattle impounded by respondents, with interest at rate of 20% from the 17 July 2010 to date of payment. [2] Respondents are ordered to pay the costs of the applicants as follows: 2.1 for the hearing on 10-23 January 2011, costs to include one instructing and two instructed counsel. 2.2 for the hearing on 8-17 June 2011, costs of one instructing and one instructed counsel. 2.3 for the hearing on 11-22 July 2011 costs of one instructing counsel. 2.4 for the hearing on 12-13 March 2012 costs of one instructing counsel. 2.5 for the hearing on 17-18 September 2012 cost of one instructing counsel.
Flynote: Law of Evidence—Admission as to the number of cattle confiscated—Law on admissions restated—Respondents bond by full and satisfactory/reasonable explanation provided for bond. Summary: The applicants invaded Nyae Nyae conservancy (Tsunkwe) with a number of cattle. The respondents confiscated the cattle. In the interdict application, (to prevent the cattle from being disposed of) applicants stated that their cattle were 2177. Respondents admitted the number. Dispute about the number of cattle impoundment. Applicants argued that the respondents were bound by the admission. Respondent filled an affidavit explaining that the admission was a bona fide mistake and applied to court to have it withdrawn. Held, admission not fully explained nor reasonable explanation for admission. The application to withdraw admission refused. ______________________________________________________________________ ORDER ______________________________________________________________________ [1] The respondents are ordered to pay the applicants N$3 245690.00, for the balance of 995 cattle impounded by respondents, with interest at rate of 20% from the 17 July 2010 to date of payment. [2] Respondents are ordered to pay the costs of the applicants as follows: 2.1 for the hearing on 10-23 January 2011, costs to include one instructing and two instructed counsel. 2.2 for the hearing on 8-17 June 2011, costs of one instructing and one instructed counsel. 2.3 for the hearing on 11-22 July 2011 costs of one instructing counsel. 2.4 for the hearing on 12-13 March 2012 costs of one instructing counsel. 2.5 for the hearing on 17-18 September 2012 cost of one instructing counsel.