Beukes v Kubitzausboerdery (Pty) Ltd (2) (Judgment in respect of costs) (SA 18 of 2019) [2020] NASC 24 (20 July 2020)

NOT REPORTABLE

CASE NO: SA 18/2019

IN THE SUPREME COURT OF NAMIBIA

In the matter between:

DAWID BEUKES	First Appellant
MARKUS NOABEB	Second Appellant
ELFRIEDE GAROES	Third Appellant
WILLEM HAAKSKEEN	Fourth Appellant
MARIA TSUSES	Fifth Appellant
PETRUS KASTOOR	Sixth Appellant
JOHANNES WAMBO	Seventh Appellant
MARKUS GAUSEB	Eight Appellant
TIMOTHEUS GARISEB	Ninth Appellant
SWARTBOOI TRADITIONAL AUTHORITY	Tenth Appellant
and
KUBITZAUSBOERDERY (PTY) LTD	Respondent

Coram: SMUTS JA, HOFF JA and FRANK AJA

Heard: IN CHAMBERS

Delivered: 20 July 2020

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JUDGMENT IN RESPECT OF COSTS

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FRANK AJA (SMUTS JA and HOFF JA concurring):

1. In this matter the appeal was struck from the roll ‘with costs inclusive of the costs of one instructing and one instructed legal practitioner’.

2. The legal practitioner of the appellants in a letter to the registrar points out that the costs order was an error as appellants were legally aided litigants and that the respondent, for this reason, did not seek a costs order. The legal practitioner for the respondent had understandably not taken issue with the contents of this letter.

3. As the error relates to the costs order only and there can be no prejudice or injustice to anyone if the order contained in the judgment is altered so as to accord with the concession made on behalf of the respondent it will be so altered.¹

4. In the result the order contained in paragraph 39 of the judgment of 1 July 2020 is altered to read as follows:

‘The appeal is struck from the roll.’

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FRANK AJA

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SMUTS JA

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HOFF JA

APPEARANCES

APPELLANTS:	R Mondo
	Of Nixon Marcus Public Law Office, Windhoek
RESPONDENT:	J Diedericks
	Instructed by Conradie & Damaseb Legal Practitioners, Windhoek