Filed by:

Legal Assistance Centre

Legal Practitioners
for Applicant
4 Marien Ngouabi Street
Windhoek
Ref: BM/LEAD/pw
pwatson@lac.org.na
Tel 061 223356
Fax 061 234953

Managing Judge:
Date of Hearing:
Time of Hearing:
Roll:

CASE NUMBER./2016
APPLICATION: NOTICE OF MOTION
IN THE HIGH COURT OF NAMIBIA
MAIN DIVISION HELD AT WINDHOEK
In the matter between:
RAPHAEL MBALA

Applicant

S.T. KAZAVANGA N.O. (in his capacity as

Chairperson of the Land Appeal Tribunal)

1st Respondent

THE MINISTER OF LANDS REFORM

2nd Respondent

RAPHAEL KACHELE MUNALULA

3rd Respondent

BERNARD MBUKUSA NYAMBE

4th Respondent

MICHAEL MODAVETI

5th Respondent

BUKALO TRADTIONAL AUTHORITY

6th Respondent

APPLICATION IN TERMS OF RULE 76

KINDLY TAKE NOTICE that the applicant intends to apply to this

Honourable Court for an order in the following terms:
(a) Reviewing and or correcting or setting aside the decision taken by the
First Respondent on or about 8th September 2015 to set aside the decision
of the Bukalo Royal Khuta during or about 1999.
TAKE NOTICE FURTHER that the accompanying affidavit of RAPHAEL
MBALO and PETER WATSON together with the annexures thereto will be

2
used in support of the application and may be supplemented in terms Rule
76(9) of the Rules of Court
TAKE NOTICE FURTHER that the Respondents are called upon, in terms of
Rule of Court 76 (2)(a), to show cause why the decision or proceedings
referred to in paragraph (a) above should not be reviewed and corrected or
set aside.
TAKE NOTICE FURTHER that in terms of Rule 76(2)(b) of the Rules of
Court, the First Respondent is required within fifteen (15) days after receipt
hereof to serve on the applicant a copy of the complete record and file with
the Registrar the original record of such proceedings sought to be corrected
or set aside together with the reasons for the decision and to notify the
applicant that he or she has done so.
TAKE NOTICE FURTHER that within ten (10) days after the record has
been served on him or within 10 days after the processes contemplated in
sub rules (6) and (7) and (8) have been completed, by delivery of a notice
and accompanying affidavit, amend, add to or vary the terms of his
application and supplement the supporting affidavit.
TAKE NOTICE FURTHER that the Applicant has appointed THE LEGAL
ASSISTANCE CENTRE as his legal representatives and selects 4 Marien
Ngouabi Street, Windhoek as the address at which he will accept notice and
service of all process in these proceedings.
KINDLY TAKE FURTHER NOTICE that if you intend to oppose this
application you are required to:
(a)

Notify applicants legal practitioners in writing within 5 (five) days after

receipt by you of this application or any amendment thereof, that you intend
to oppose the application and you must in such notice appoint an address
within a flexible radius at which you will accept notice and service of all
process in these proceedings; and

(b)

within 20 days after the expiry of the time referred to in rule 76(9),

deliver any affidavits you may desire in answer to the allegtions made by the
applicant.

If no notice of intention to oppose is given, the application will be moved on

Friday, 25 March 2016 at 10H00.
DATED at WINDHOEK on this 28th day of SEPTEMBER 2015.

.
LEGAL ASSISTANCE CENTRE
LEGAL PRACTITIONERS FOR
APPLICANTS
4 MARIEN NGOUABI STREET
WINDHOEK
Ref: BM/pw/LEAD

...............................................
THE REGISTRAR
HIGH COURT OF NAMIBIA
MAIN DIVISION - WINDHOEK
AND TO:

GOVERNMENT ATTORNEY
LEGAL PRACTITIONERS FOR
1st and 2nd RESPONDENTS
2ND FLOOR, SANLAM BUILDING
INDEPENDENCE AVENUE
WINDHOEK
COPIES RECEIVED:
DATE: .....................................................
TIME: ......................................................
.................................................................
pp Government Attorney

4
AND TO:

RAPHAEL KACHELE MUNALULA,

Bulila Village
Zambezi Region
(By Deputy Sheriff)

AND TO:

BERNARD MBUKUSA NYAMBE

Jojo Village
Zambezi Region

AND TO:

MICHAEL MODAVETI
Ngweze Village
Zambezi Region

AND TO:

BUKALO TRADTIONAL AUTHORITY

c/o Bukalo Village Council
Bukalo
Zambezi Region.