CASE NO: (T) I

IN THE HIGH COURT OF NAMIBIA

In the matter between:

PLAINTIFF
and
DEFENDANT

NOTICE IN TERMS OF RULE 30

BE PLEASED TO TAKE NOTICE that the abovenamed plaintiff herewith

gives notice of its intention to apply to the above Honourable Court on
Friday, 18 April 2008 at 10h00 or as soon thereafter as counsel may be
heard for an order in the following terms:

1. That the notice in terms of Rule 30 served on the plaintiff by the

defendant on 4 April 2008 be declared to constitute an irregular step
alternatively be declared to be improper as envisaged by Rule 30 of
the Rules of this Honourable Court.

2. That the notice in terms of Rule 30 be struck out.

3. That the defendant be ordered to pay the cost of this application.

4. Further and/or alternative relief.

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

1. The defendant requested further particulars to the plaintiff’s

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particulars of claim on 20 October 2004, thereby suspending the

period within which the defendant had to file its plea;

2. The plaintiff did not file its further particulars within 15 days;

3. Rule 21(6) states:

“If the party requested to furnish any further particulars as

aforesaid fails to deliver them timeously or sufficiently,
the party requesting the same may apply to court for an
order for the delivery or for the dismissal of the action or
the striking out of the defence, whereupon the court may
make such an order as to it deems meet.”

4. The defendant’s remedy, when the plaintiff failed to file its

further particulars within 15 days, was to launch an application to
compel the further particulars in terms of the aforementioned Rule.
The defendant failed to make use of such remedy.

5. The plaintiff filed its further particulars on 12 March 2008.

6. The next step is that the defendant must file its plea.

DATED at WINDHOEK on this       day of       2007.

....................................................................
LEGAL PRACTITIONERS
FOR PLAINTIFF

TO: THE REGISTRAR OF THE

HIGH COURT OF NAMIBIA
WINDHOEK
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AND TO:
LEGAL PRACTITIONER
FOR DEFENDANT
COPIES RECEIVED:
DATE: .....................................................
TIME: ......................................................
.................................................................