[19] The condonation application and the application for the upliftment of the bar is interlocutory in nature and falls under the provisions of Rule 32 and the Rule 32(9) and (10) is therefore applicable to the application launched by the defendant [20] Rule 32 regulates interlocutory matters and applications for directions read as follows: In relation to any proceeding referred to in this rule, a party wishing to bring such ‘(9) proceeding must, before launching it, seek an amicable resolution thereof with the other party or parties and only after the parties have failed to resolve their dispute may such proceeding be delivered for adjudication by the court. (10) The party bringing any proceeding contemplated in this rule must before, instituting the proceeding, file with the registrar details of the steps taken to have the matter amicably resolved as contemplated in subrule (9) without disclosing privileged information.’ [21] The provision of Rule 32(9) and (10) is peremptory in that it requires the attempt to amicably resolve the dispute before the interlocutory application is launched. [22] In the matter of Old Mutual Life Assurance Company of Namibia Ltd v Hasheela where Masuku J stated the following on substantial compliance with the rule: the instant case, the purpose of the subrules in question, as stated earlier, is to ensure ‘In that in interlocutory proceedings, the parties seek to first amicably resolve the dispute before setting it down for determination by the court. It is clear from what I have said above that that purpose was met and the only deficiency was not placing the evidence of the attempts to amicably resolve the matter before the registrar. I therefore find that there has been substantial compliance with rule 32 (9) and (10) and for that reason, this court is at large to consider the interlocutory application without further ado.’
[19] The condonation application and the application for the upliftment of the bar is interlocutory in nature and falls under the provisions of Rule 32 and the Rule 32(9) and (10) is therefore applicable to the application launched by the defendant [20] Rule 32 regulates interlocutory matters and applications for directions read as follows: ‘(9) In relation to any proceeding referred to in this rule, a party wishing to bring such proceeding must, before launching it, seek an amicable resolution thereof with the other party or parties and only after the parties have failed to resolve their dispute may such proceeding be delivered for adjudication by the court. (10) The party bringing any proceeding contemplated in this rule must before, instituting the proceeding, file with the registrar details of the steps taken to have the matter amicably resolved as contemplated in subrule (9) without disclosing privileged information.’ [21] The provision of Rule 32(9) and (10) is peremptory in that it requires the attempt to amicably resolve the dispute before the interlocutory application is launched. [22] In the matter of Old Mutual Life Assurance Company of Namibia Ltd v Hasheela where Masuku J stated the following on substantial compliance with the rule: ‘In the instant case, the purpose of the subrules in question, as stated earlier, is to ensure that in interlocutory proceedings, the parties seek to first amicably resolve the dispute before setting it down for determination by the court. It is clear from what I have said above that that purpose was met and the only deficiency was not placing the evidence of the attempts to amicably resolve the matter before the registrar. I therefore find that there has been substantial compliance with rule 32 (9) and (10) and for that reason, this court is at large to consider the interlocutory application without further ado.’
Akwenye%20v%20Amadhila%20(HC-MD-CIV-ACT-CON-2017-02946)%20[2018]%20NAHCMD%20114%20(27%20April%202018).docx