[7] The appeal was upheld. [8] On 21 June 2013 this court made the following order in the appeal under Case: LCA 38/2012: The appeal is upheld. “1. 2. The arbitration award made by Ms Tuulike Mwafufya-Shikongo, on 9 July 2012, is hereby set aside. 3. The conduct of Ms Tuulike Mwafufya-Shikongo in this matter is referred to the Honourable Minister of Labour and Social Services and the Labour Commissioner for investigation and further action, if necessary.” [9] The first respondent did not appeal that judgment which therefore became a final judgment in such circumstances. [10] At the time of noting the aforesaid appeal the applicant had also, simultaneously, brought an application to review that same award. This review had in the meantime been set down for hearing on 31 July 2013. [11] The applicant in the review - obviously now encouraged by the outcome of the appeal - amended its Notice of Motion on 8 July 2013, indicating thereby that it now seek an adverse costs order against the second respondent. [12] Subsequent to the delivery of the amended notice of motion the below mentioned exchange of letters occurred between the involved legal practitioners. [13] On 8 July 2013 the applicant’s legal practitioners, GF Köpplinger Legal Practitioners, addressed a letter to the second respondent as follows: refer to the above matter and confirm that we act herein on instructions of the “We Namibia Estate Agents Board (‘our client’). As you are aware, a review application as well as an appeal was lodged by our client against the award made by you on 9 July 2012, in the arbitration hearing between the abovementioned parties under case number CRWK974-11.
[7] The appeal was upheld. [8] On 21 June 2013 this court made the following order in the appeal under Case: LCA 38/2012: “1. The appeal is upheld. 2. The arbitration award made by Ms Tuulike Mwafufya-Shikongo, on 9 July 2012, is hereby set aside. 3. The conduct of Ms Tuulike Mwafufya-Shikongo in this matter is referred to the Honourable Minister of Labour and Social Services and the Labour Commissioner for investigation and further action, if necessary.” [9] The first respondent did not appeal that judgment which therefore became a final judgment in such circumstances. [10] At the time of noting the aforesaid appeal the applicant had also, simultaneously, brought an application to review that same award. This review had in the meantime been set down for hearing on 31 July 2013. [11] The applicant in the review - obviously now encouraged by the outcome of the appeal - amended its Notice of Motion on 8 July 2013, indicating thereby that it now seek an adverse costs order against the second respondent. [12] Subsequent to the delivery of the amended notice of motion the below mentioned exchange of letters occurred between the involved legal practitioners. [13] On 8 July 2013 the applicant’s legal practitioners, GF Köpplinger Legal Practitioners, addressed a letter to the second respondent as follows: “We refer to the above matter and confirm that we act herein on instructions of the Namibia Estate Agents Board (‘our client’). As you are aware, a review application as well as an appeal was lodged by our client against the award made by you on 9 July 2012, in the arbitration hearing between the abovementioned parties under case number CRWK974-11.
Namibia%20Estate%20Agents%20Board%20v%20Like%20(LC%20103-2012)%20%5B2013%5D%20NALCMD%2036%20(30%20October%202013).docx