CASE NO: I 1411/2009

IN THE HIGH COURT OF NAMIBIA

In the matter between:

PLAINTIFF
and

DEFENDANT

NOTICE IN TERMS OF RULE 30

PLEASE TAKE NOTICE that the above-named defendant herewith gives

notice of its intention to apply to the above Honourable Court on Friday,
13 August 2010 at 10h00 or as soon thereafter as counsel may be heard for
an order in the following terms:

1. That the notice of amendment served on the defendant by the plaintiff

and dated 26 July 2010 to be declared to constitute an irregular step,
alternatively to be declared to be improper as envisaged by Rule 30
of the Rules of this Honourable Court.

2. That the notice of amendment and the amended particulars of claim

attached thereto be struck out.

3. That the plaintiff be ordered to pay the costs of this application.

4. Further and/or alternative relief.

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PLEASE TAKE NOTICE FURTHER that the grounds whereon the defendant
will rely for this application are the following:

1. Plaintiff’s notice of amendment:

1.1 Does not give notice to the defendant of the plaintiff’s intention
to amend the particulars of claim as stipulated in Rule 28(1);

1.2 Does not state that unless objection in writing to the proposed
amendment is made within 10 days the plaintiff will amend the
particulars of claim accordingly as stipulated in Rule 28(2);

1.3 Does not afford the defendant the required 10 days within
which to object to a proposed or intended amendment as
required by Rule 28(2).

2. The defendant is simply served with an amended pleading as a fait

accompli.

3. The defendant is deprived of the opportunity to object to the intended

amendment and will accordingly be prejudiced.

DATED at WINDHOEK on this 4th day of AUGUST 2010.

......................................................

TO: THE REGISTRAR OF THE

HIGH COURT
WINDHOEK

AND TO:
COPIES RECEIVED:
DATE: .....................................................
TIME: ......................................................
.................................................................
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