[1]        The matter before this honourable court is one where the plaintiff/respondent had withdrawn the action against defendant/applicant. Subsequently, an ancillary issue arose due to the respondent filing its heads of argument late, in terms of an order made on 3 October 2018.

[2]        The respondent tendered a reasonable explanation for the delay in filing the heads of argument and the court hereby grants condonation.

[3]        The applicant has not made out a case for why costs should be awarded to it for the reason that the applicant never came on record to defend the action.

[4]        In conclusion, the application is dismissed with costs.

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TS Masuku

Judge

APPEARANCES:

APPLICANT:                                                G September

                                                                     of Malherbe & Associates, Windhoek

RESPONDENT:                                           M Schurz

                                                                     of Delport Legal Practitioners, Windhoek