BEFORE H/W RANKORO

IN THE MAGISTRATES COURTS FOR THE DISTRICT OF GABORONE

HELD AT EXTENSION 2
CASE NO: CCMEX - BR-00000255-19
In the matter between:

JENNIFER OSEI MENSAH APPLICANT

AND

LESEGO MOGOTETSI RESPONDENT

FILING NOTICE

BE PLEASED TO TAKE NOTICE that the Applicant files herewith:

1. Notice of Motion;
2. Founding Affidavit;
3. Draft Order.

DATED AT GABORONE THIS 10TH DAY OF AUGUST 2019

____________________
JENNIFER OSEI MENSAH
Applicant
PLOT 48
MOGODITSHANE
TO: THE CLERK OF COURT
EXTENSION 2 MAGISTRATE COURT
P.BAG X01
GABORONE

AND TO: LESEGO MOGOTETSI

1st Respondent
P.BAG 28
LOBATSE

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BEFORE H/W RANKORO

IN THE MAGISTRATES COURTS FOR THE DISTRICT OF GABORONE

HELD AT EXTENSION 2
CASE NO: CCMEX - BR-00000255-19
In the matter between:

JENNIFER OSEI MENSAH APPLICANT

AND

LESEGO MOGOTETSI RESPONDENT

NOTICE OF MOTION
(ORDER 29 RULE 1 OF THE RULES OF MAGISTRATES COURT)

KINDLY TAKE NOTICE that the above named Applicant shall make an
Application before the above named Honourable Court on the…………day of
…………………………. 2022 at……………..am/pm or so soon thereafter as the
parties may be heard for an order in the following terms:-

1. That the matter be reinstated.

2. Applicant be allowed for file it Application for Default Judgment.

3. That the Respondent pays costs of this application if he opposes it;

4. Granting Applicant such further and/or alternative relief that this Honourable
Court consider fit.

TAKE NOTICE FURTHER THAT the Affidavit of JENNIFER OSEI MENSAH

shall be used in support of this Application.

TAKE NOTICE FURTHER THAT that the Applicant chooses PLOT 48

MOGODITSHANE; as the address at which all correspondence and process is to
be served.

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BEFORE H/W RANKORO

TAKE NOTICE THAT that if you intend to oppose this Application you are required
to;

a) Notify the Applicant in writing within 7 court days of service hereof, and ;

b) To deliver your answering Affidavit if any within 14 days of receipt hereof,

and further that you are required address within Botswana at which you shall
receive notice and service of all documents to this proceedings.

DATED AT GABORONE THIS 10TH DAY OF AUGUST 2019

___________________
JENNIFER OSEI MENSAH
Applicant
PLOT 48
MOGODITSHANE

TO: THE CLERK OF COURT

VILLAGE MAGISTRATE COURT
P.BAG X01
GABORONE

AND TO: LESEGO MOGOTETSI

1st Respondent
P.BAG 28
LOBATSE

3
BEFORE H/W RANKORO

IN THE MAGISTRATES COURTS FOR THE DISTRICT OF GABORONE

HELD AT EXTENSION 2
CASE NO: CCMEX - BR-00000255-19
In the matter between:

JENNIFER OSEI MENSAH APPLICANT

AND

LESEGO MOGOTETSI RESPONDENT

FOUNDING AFFIDAVIT

I, the undersigned

JENNIFER OSEI MENSAH

Do hereby make oath and say;

1. I am the applicant in this matter. I am an adult female of full legal capacity,

resident in PLOT 48 MOGODITSHANE.

2. The facts deposed to herein are within my personal knowledge and are to
my best belief true and accurate. Where the facts are not within my
personal knowledge, the source thereof shall be stated and so shall my
reasons for belief in the accuracy and belief thereof.

3. The Respondent is LESEGO MOGOTETSI, an adult female of full legal

capacity resident at Francistown and whose further and better particulars
are unknown to the Plaintiff, and whose marital status are unknown to the
Plaintiff.

4. I do state that on the 16th August 2018 the Applicant instituted legal
proceedings against the Respondent for the recovery of the sum of P10,
000.00 that was owed to the Applicant.

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BEFORE H/W RANKORO

5. The Respondent was served with Summons by the messenger on or about

the 2nd of September 2019, after having struggled for so long to locate
her place of residence for purposes of effecting service. See annexure “A”.

6. I do state that it was only when I filled the return of service that I became
aware of the fact that this honourable court on about May 2019 dismissed
the matter on account of the matter had been dormant for 6 months without
any further step being taken.

7. I wish to state that the reason why there was such a delay in taking further
steps in the matter was because the Defendant made it difficult for him to
be located as he moved residences to avoid being served.

8. I do state that the Applicant has been desirous of seeing this matter
concluded, upon serving the Defendant by the messenger, an application
for Default Judgment was immediately prepared and taken to court for filing
but was not received due to the dismissal of the matter. See annexure “B”.

9. In the premises I pray for an Order in terms of the draft order.

.................................
DEPONENT

THUS DONE, SWORN TO AND SIGNED BEFORE ME AT GABORONE ON

THIS ........DAY OF ………………….. 2019, AT................ AM/PM. THE
DEPONENT HAVING ACKNOWLEDGED THAT SHE KNOWS AND FULLY
UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT, ADHERES
THERETO, HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH,
WHICH SHE CONSIDERS BINDING ON HER CONSCIENCE.

...............................................
COMMISSIONER OF OATHS

NAME: ………………………………..

DESIGNATION: …………………….
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BEFORE H/W RANKORO

IN THE MAGISTRATES COURTS FOR THE DISTRICT OF GABORONE

HELD AT EXTENSION 2
CASE NO: CCMEX - BR-00000255-19
In the matter between:

JENNIFER OSEI MENSAH APPLICANT

AND

LESEGO MOGOTETSI RESPONDENT

DRAFT ORDER

BEFORE HER WORSHIP BABEDI RANKORO sitting at Extension 2 Magistrate

Court on this........ day of ........................ 2019.

UPON HEARING the Applicant and having read the documents filed on record:

IT IS ORDERED THAT:-

1. That the matter be reinstated.

2. Applicant be allowed for file it Application for Default Judgment.

3. Costs of suit.

4. Any further and/or alternative relief.

BY ORDER OF THE COURT

.......................................................
CLERK OF COURT