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  1. The application for absolution from the instance is refused.
  2. The defendant is ordered to pay the plaintiff’s costs relating to the application for absolution from the instance.
  3. The matter is postponed to 6 November 2023 and 7 November 2023 at 10h00 for continuation of trial.

Reasons for orders:

Claasen J:

‘This is an application by the defendant for absolution from the instance, made after the plaintiff closed his case. The plaintiff sued the defendant essentially seeking to recover payment of N$480 000 and N$120 . . .

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