CASE NO: I

IN THE HIGH COURT OF NAMIBIA

In the matter between:

PLAINTIFF
and
1ST DEFENDANT
2nd DEFENDANT

FIRST DEFENDANT’S PLEA

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

1.
AD PARAGRAPHS 1, 2, 3, 4, 5 AND 6 THEREOF

Save for pleading that the first defendant resides and is domiciled in the
Republic of South Africa since 3 February 2010, the contents hereof are
admitted.

2.
AD PARAGRAPHS 7 AND 8 THEREOF

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

specifically traversed and thereafter and the plaintiff is put to the proof
thereof.
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2.2. The first defendant pleads that it was in fact the plaintiff who
wrongfully and constructively deserted him and refers to his
counterclaim filed evenly herewith.

3.
AD PRAYERS 5, 6, 7, 8, 9, 10, 11, 15, 16, 17 AND 18 THEREOF

The first defendant pleads that the relief sought in these paragraphs is
incompetent and plaintiff is not entitled thereto in law.

WHEREFORE first defendant pleads that plaintiff’s claims be dismissed with

costs.

DATED at WINDHOEK on this       day of APRIL 2010.

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LEGAL PRACTITIONERS FOR COUNSEL FOR FIRST
FIRST DEFENDANT DEFENDANT

TO: THE REGISTRAR OF THE

HIGH COURT OF NAMIBIA
WINDHOEK

AND TO:
LEGAL PRACTITIONERS
FOR PLAINTIFF

COPIES RECEIVED:
DATE: .....................................................
TIME: ......................................................
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