CASE NO: (P) I

IN THE HIGH COURT OF NAMIBIA

In the matter between:

PLAINTIFF
and
DEFENDANT

DEFENDANT’S PLEA

The defendant pleads as follows to the plaintiff’s particulars of claim:

1.
AD PARAGRAPHS 1, 2, 3, 4 AND 5 THEREOF

The contents hereof are admitted.

2.
AD PARAGRAPH 6 THEREOF

Each and every allegation contained herein is denied as if specifically

traversed and thereafter denied and the plaintiff is put to the proof thereof.

3.
AD PARAGRAPH 7 THEREOF

Save for admitting that the plaintiff left the common bedroom of the parties
during December 2008 and deserted the common home on 1 October 2009,
the remainder of the allegations contained herein are denied.
4.
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AD PARAGRAPH 8 THEREOF

The contents hereof are admitted.

5.
AD PARAGRAPHS 9, 10, 11 AND 12 THEREOF

Save for admitting that:

5.1. the plaintiff assisted with the administrative and bookkeeping

aspects of the business for approximately 2 hours per day;

5.2. the parties and their children lived on the income and profit
earned by the defendant’s business and that he used such profits of
the business to buy other assets;

each and every further allegation contained herein is denied as if specifically

traversed and thereafter denied and the plaintiff is put to the proof thereof.

6.
AD PARAGRAPH 13 THEREOF

The contents hereof are admitted.

7.
AD PARAGRAPH 14 THEREOF

The contents hereof are denied.

8.
AD PARAGRAPHS 15 AND 16 THEREOF

8.1. Each and every allegation contained herein is denied as if

specifically traversed and thereafter denied and the plaintiff is put to
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the proof thereof.

8.2. The defendant pleads that when she deserted the common
home the defendant, in any event, removed furniture and effects far in
excess of N$50,000.00.

WHEREFORE defendant prays that plaintiff’s claim be dismissed with costs.

DATED at WINDHOEK on this       day of FEBRUARY 2010.

......................................................
LEGAL PRACTITIONERS
FOR DEFENDANT

TO: THE REGISTRAR OF THE

HIGH COURT OF NAMIBIA
WINDHOEK

AND TO:
LEGAL PRACTITIONERS
FOR PLAINTIFF
COPIES RECEIVED:
DATE: .....................................................
TIME: ......................................................
.................................................................