The matter before this honourable court is one where the plaintiff/respondent had withdrawn the action against defendant/applicant.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.
 The respondent tendered a reasonable explanation for the delay in filing the heads of argument and the court hereby grants condonation.
 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.
 In conclusion, the application is dismissed with costs.
APPLICANT: G September
of Malherbe & Associates, Windhoek
RESPONDENT: M Schurz
of Delport Legal Practitioners, Windhoek