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Tel.: +264-61-230263/088
Fax: +264-61-230223,
PO Box 714,
Windhoek,
NAMIBIA
2007.
Direction 02
Restitution orders, labour courts
& interpleaders
The following Practice Directions are issued by the Judge-President:
1. Service of Restitution Order
a) Service of the Restitution Order must be effected not less than 14 days before the first restitution date.
b) If service has been effected more than 6 months before the Court is asked to confirm the Rule Nisi issued by way of a Restitution order or the Court is asked to extend the Rule and 6 months have elapsed since service the Rule has to be re-served and new dates have to be ordered by the Court.
2. Subsequent order to a Restitution Order
a) If the return date of a Restitution Order (Rule Nisi) has to be extended it has to be extended to a fixed date i.e. a Second Motion Court session.
b) If the Restitution order has been properly served, but due to circumstances the Rule Nisi cannot be confirmed on the return date, application is made to extend the Rule to another (Second) Motion Court day.
c) If no service could be effected (with the time as determined in 1(c)(i) above) application will have to be made for new dates, either on the return date of the Rule Nisi or any other (second) Motion Court day.
3. Labour Court
No Labour Court case will be set down on the First Motion Court Roll. Labour Court cases will be set down at 10h00 on Fridays to be heard by a Judge appointed by the Judge-President as President of the Labour Court.
4. Interpleaders
a) Interpleaders in terms of Rule 58 will be set down to be heard in Court at 09h30 by a Judge allocated to hear it on Fridays.
b) In the event that the Court has ordered that the issue between the claimants be stated by way of a stated case, or otherwise be tried in terms of Rule 5(b)(c), the matter is regarded as an opposed motion and the appropriate Practice Directives in respect of set down and filing heads of argument apply.
DATED at WINDHOEK this 21ST day of FEBRUARY 2007.