Law Society of Namibia

1. Except where the Rules of Court otherwise provide, there shall be no less than 5 clear court days from service on delivery of notice of interlocutory applications to date of set down.

2. All interlocutory applications, summary judgments, and Rule 43 applications will be heard on Tuesday by the duty Judge.

3. When interlocutory matters (other than urgent applications) become opposed, the duty Judge presiding in motion court shall let those matters stand down until the end of the motion court roll. The legal practitioners of the applicant/plaintiff and respondent/defendant will then have to inform the judge whether they want to proceed with or without heads of argument.

a) If the parties indicate that they wish to proceed without heads of argument the duty Judge will postpone the matter to 10h00 the next Tuesday for hearing (while that judge is still on duty);

b) If the legal practitioners indicate that they wish to file heads of argument, the following procedure is applicable:

i) The plaintiff/applicant files its heads of argument not later than 16h00 the following Thursday;

ii) The defendant/respondent files its heads of argument not later than 16h00 the Monday thereafter;

iii) The application will be heard on the following Tuesday by the judge then on duty at 10h00.

c) If an interlocutory matter becomes opposed the duty Judge may require that heads of argument be filed and 3(b) supra will then apply.

d) The duty Judge may in his or her absolute discretion hear any application on any other day than those set out above.

4. Urgent applications

a) All urgent applications are heard by the duty Judge at 9h00, unless counsel has certified in the certificate of urgency that the urgency of the matter is such that the matter has to be heard at a time other than at 9h00 the next Court day or on public holidays and weekend days.

b) If the duty Judge dismisses the urgent application for lack of urgency (i.e. refuses to condone non-compliance with the Rules of the High Court) and the applicant intends to continue with the application on the merits, the application has to be set down in the normal course as an opposed motion in compliance with the applicable practice direction and the Rules on a Monday during the following term.

c) i) If the duty Judge does condone the non-compliance
with the Rules and issues a Rule Nisi, the return date
must be a first motion court date;

ii) If on the return date the Rule Nisi will only be confirmed, or discharged by agreement, the presiding duty Judge can confirm or discharge the Rule Nisi in Motion Court;

iii) If the Rule Nisi is opposed, unless in circumstances other than where the order is anticipated i.t.o Rule 6(8), the return day must be extended to a Monday during the next term in compliance with the Rules of Court and with Practice Direction 2/2006 in respect of heads of argument.

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