Ordering the 1st, 2nd, 3rd, 4th and 5th Respondents to refrain in any manner whatsoever from interfering with the peaceful and Applicant’s undisturbed possession of Farm Uithou No. 366 situated in the District of Gobabis; That the 1st, 2nd, 3rd, 4th and 5th Respondents pay the Applicant’s costs of the application on a scale as between attorney and client. That prayers 2.1, 2.2, 2.3 and 2.4 shall operate as an interim interdict with immediate effect, pending the return date on 18 June 2013 at 10h00. JUDGMENT SHIVUTE J: [1] This application is brought before court by notice of motion whereby the applicant prayed that it should be heard as a matter of urgency. The Applicant sought the relief set out in the notice of motion. The Respondents did not oppose the application. Having read the notice of motion and other process and documents filed of record and having heard Mr Phatela counsel for the Applicant and Mrs Yssel counsel for 1st, 2nd, 3rd, 4th and 5th Respondents, I made the following order and I indicated that reasons would follow in due course. Here follows the order: That the non-compliance with the forms and service provided for by the Rules of the above Honourable Court is condoned and the application is heard on an urgent basis as envisaged by Rule 6(12) of the Rules of the Honourable Court. That a Rule Nisi is hereby issued calling upon the Respondents and any interested party, if any, to show cause on the 18th June 2013 why an order in the following terms should not be made final:-
Ordering the 1st, 2nd, 3rd, 4th and 5th Respondents to refrain in any manner whatsoever from interfering with the Applicant’s peaceful and undisturbed possession of Farm Uithou No. 366 situated in the District of Gobabis; That the 1st, 2nd, 3rd, 4th and 5th Respondents pay the Applicant’s costs of the application on a scale as between attorney and client. That prayers 2.1, 2.2, 2.3 and 2.4 shall operate as an interim interdict with immediate effect, pending the return date on 18 June 2013 at 10h00. JUDGMENT SHIVUTE J: [1] This application is brought before court by notice of motion whereby the applicant prayed that it should be heard as a matter of urgency. The Applicant sought the relief set out in the notice of motion. The Respondents did not oppose the application. Having read the notice of motion and other process and documents filed of record and having heard Mr Phatela counsel for the Applicant and Mrs Yssel counsel for 1st, 2nd, 3rd, 4th and 5th Respondents, I made the following order and I indicated that reasons would follow in due course. Here follows the order: That the non-compliance with the forms and service provided for by the Rules of the above Honourable Court is condoned and the application is heard on an urgent basis as envisaged by Rule 6(12) of the Rules of the Honourable Court. That a Rule Nisi is hereby issued calling upon the Respondents and any interested party, if any, to show cause on the 18th June 2013 why an order in the following terms should not be made final:-