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CASE NO: I
IN THE HIGH COURT OF NAMIBIA

In the matter between:

PLAINTIFF
and
1ST DEFENDANT
2nd DEFENDANT

FIRST DEFENDANT’S COUNTERCLAIM

The first defendant is the plaintiff in reconvention. The plaintiff is the


defendant in reconvention. For the sake of convenience the parties are
referred to as in convention.

1.
Paragraphs 1, 2, 4, 5 and 6 are reiterated herein mutatis mutandis for
purposes hereof, subject to first defendant’s plea.

2.
During the subsistence of the marriage the plaintiff acted with the fixed and
malicious intent to terminate the marriage between the parties and more
specifically in that she:

2.1. showed the first defendant no love and affection;

2.2. expressly informed the first defendant not to show her any love
and affection;
2.3. admitted that she would rather give her 15 dogs love and
affection than the first defendant;
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2.4. showed no serious or real interest in the continuation of the


marriage;

2.5. deserted the common home of the parties and Namibia in


February 2010.

3.
In the premises the plaintiff has wrongfully, maliciously and/or constructively
deserted the first defendant, in which desertion she still persists.

WHEREFORE first defendant claims:

1. (a) An order for the restitution of conjugal rights and


failing compliance therewith

(b) a final order of divorce.

2. An order in terms whereof the plaintiff is awarded custody and control


of the minor children of the parties.

3. An order in terms whereof first defendant pays all medical, dental,


ophthalmological and pharmaceutical (on doctors’ prescription)
expenses of the minor children.

4. An order in terms whereof first defendant is ordered to pay all the


education costs, costs relating to extra mural activities and books and
stationary of the minor children whilst they attend school and that he
further pays all costs in respect of tertiary and university education,
including the costs of hostel or alternative accommodation (should the
children show an aptitude therefore and make reasonable progress
therein and insofar as such costs are not covered by bursaries).

5. An order in terms whereof first defendant pays maintenance in


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respect of the minor children in the amount of N$1,200.00 per month


per child.

6. Costs of suit.

7. Further and/or alternative relief.

DATED at WINDHOEK on this       day of APRIL 2010.

...................................................... ......................................................
LEGAL PRACTITIONERS FOR COUNSEL FOR FIRST
FIRST DEFENDANT DEFENDANT
WINDHOEK

TO: THE REGISTRAR OF THE


HIGH COURT OF NAMIBIA
WINDHOEK

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