"1. Each party to the proceedings shall pay its own legal costs.
2. The Tribunal may, in exceptional circumstances, order a party to the proceedings to pay costs incurred
by the other party."
In terms of Rule 78, each party bears its own costs except where there are exceptional circumstances
warranting the grant of costs, in the interests of justice, against a party.
We consider that there are exceptional circumstances on the particular facts of the present case justifying
the award of costs to the Applicants in the interests of justice. We need only to highlight in this regard the
fact that the Respondent persistently flouted the orders of its own High Court and that the Applicants have
not yet been paid the compensation to which they are entitled since the court orders were made in their
favour in 2006 (in respect of the first and second Applicants), 2003 (in respect of the third and fourth
Applicants), 2005 (in respect of the fifth and sixth Applicants), 2006 (in respect of the seventh Applicant),
2004 (in respect of the eighth Applicant) and 2007 (in respect of the ninth Applicant). We accordingly award
costs to the Applicants, under Rule 78(2) of the Rules. The costs are to be taxed by the Registrar.
Delivered in open Court this 9th day of December 2010, at Windhoek in the Republic of Namibia.
................................................................................
H.E. Justice Ariranga Govindasamy Pillay
PRESIDENT
................................................................................
H. E. Justice Isaac Jamu Mtambo, SC
MEMBER
................................................................................
H.E. Justice Dr Luis Antonio Mondlane
MEMBER
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