[71] In the result, I make the following order: 1. The application is dismissed. 2. There shall be no order of costs against both the applicant in his capacity as an heir and the third respondent, 3. As for the applicant in his capacity as an executor and the first and second respondents, each party shall bear their own costs. 4.The Registrar of this court is directed to forward a copy of this judgment to the Minister of Lands in view of the finding in this judgment that the parties to the association agreement of Laconia CC which owns an agricultural commercial land, namely Farm Laconia No 141 situated in Otjiwarongo district, contravened the provisions Section 58 of the Agricultural (Commercial) Land Reform Act, 1995 (Act No 6 of 1995 and for the Minister to take action which the law might requires him to take in the event of the contravention of the provisions of the Land Reform Act such as in this instant matter. --------------------------------- H Angula Deputy Judge President APPEARANCES APPLICANTS: Mr Barnard Instructed by Mueller Legal Practitioners 1st, 2nd & 3rd RESPONDENTS: Mr Corbett Instructed by Shilengudwa Inc.
[71] In the result, I make the following order: 1. The application is dismissed. 2. There shall be no order of costs against both the applicant in his capacity as an heir and the third respondent, 3. As for the applicant in his capacity as an executor and the first and second respondents, each party shall bear their own costs. 4.The Registrar of this court is directed to forward a copy of this judgment to the Minister of Lands in view of the finding in this judgment that the parties to the association agreement of Laconia CC which owns an agricultural commercial land, namely Farm Laconia No 141 situated in Otjiwarongo district, contravened the provisions Section 58 of the Agricultural (Commercial) Land Reform Act, 1995 (Act No 6 of 1995 and for the Minister to take action which the law might requires him to take in the event of the contravention of the provisions of the Land Reform Act such as in this instant matter. --------------------------------- H Angula Deputy Judge President APPEARANCES APPLICANTS: Mr Barnard Instructed by Mueller Legal Practitioners 1st, 2nd & 3rd RESPONDENTS: Mr Corbett Instructed by Shilengudwa Inc.
Wyss%20%20v%20Hungamo%20(A%20189-2015)%5B2016%5D%20NAHCMD%20264%20(13%20September%202016).docx