R U L I N G
This matter came before me for inter partes hearing on the question of urgency. The jurisdiction of the court on the matter is donated by rule 47 of the Court of Appeal Rules, which in provides that:
"47(1) Any application which the applicant desires to set down for hearing as a matter of urgency shall be accompanied by a certificate of urgency signed by the applicant or his advocate supported by an affidavit setting forth the matters upon which the applicant relies as showing that his application should be heard without delay.
There is an affidavit sworn by Dr. J.M. Khaminwa the applicant's advocate in which he sets out the background to this matter showing that the matter is indeed urgent. When the matter came up for hearing on 30th March, 2000, I heard counsel appearing for the parties.
The dispute herein relates to mining on private land. It has been argued that the applicant had the consent of the original owner of the land and the original owner sold the land to the 1st …