REPUBLIC OF NAMIBIA REPORTABLE HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: A 155/2014 In the matter between: QE CONSTRUCTION CC APPLICANT and AIR COOL CC RESPONDENT Neutral citation: QE Construction CC v Air Cool CC (A 155/2014) [2014] NAHCMD 208 (02 July 2014) Coram: HOFF J Heard: 01 July 2014 Delivered: 02 July 2014 Reasons: 08 July 2014 Summary: Urgent applications should be brought as far as is practical in terms of the provisions of the Rules in order to facilitate procedural fairness Rule 65(4) – applicable to urgent applications Applicants in urgent applications must responsibly – strike a balance between the duty to obey Rule 65(4) and the entitlement to deviate from the Rules. Rules 65(5)(a) and (b) are peremptory except in extremely urgent circumstances. Applicants should be conscious that their conduct, in an application which is rushed to court on a ill-perceived urgent basis, may be construed as a misuse or an abuse of process and that a court in exercising its discretion may for that reason strike the urgent application from the roll.
REPUBLIC OF NAMIBIA REPORTABLE HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: A 155/2014 In the matter between: QE CONSTRUCTION CC APPLICANT and AIR COOL CC RESPONDENT Neutral citation: QE Construction CC v Air Cool CC (A 155/2014) [2014] NAHCMD 208 (02 July 2014) Coram: HOFF J Heard: 01 July 2014 Delivered: 02 July 2014 Reasons: 08 July 2014 Summary: Urgent applications should be brought as far as is practical in terms of the provisions of the Rules in order to facilitate procedural fairness – Rule 65(4) applicable to urgent applications – Applicants in urgent applications must responsibly strike a balance between the duty to obey Rule 65(4) and the entitlement to deviate from the Rules. Rules 65(5)(a) and (b) are peremptory except in extremely urgent circumstances. Applicants should be conscious that their conduct, in an application which is rushed to court on a ill-perceived urgent basis, may be construed as a misuse or an abuse of process and that a court in exercising its discretion may for that reason strike the urgent application from the roll.
QE%20Construction%20CC%20v%20Air%20Cool%20CC%20(A%20155-2014)%20[2014]%20NAHCMD%20208%20(02%20July%202014).docx