practitioner of record only after she was placed on terms to file a plea on 12 March 2013 (That was one year after her mandate was already terminated). That he had no knowledge about the procedures to be followed and what was required of him and that as soon as he was served, on 12 April 2013, with a notice bar he attended to obtain new legal representation but to no avail. He stated that he initially approached the offices of LorentzAngula after he received the notice of bar but they were unable to assist him and he only secured legal representation in July 2013. [10] Defendant asserts, in his affidavit, that he has a bona fide defence to plaintiff’s claim on the basis that plaintiff’s claim is defective in the following regard: Plaintiff sues defendant in his personally capacity and alleges that it, during the period 22 September 2010 to 17 June 2011, delivered goods to defendant. Defendant denies that he is personally liable and alleges that plaintiff in fact contracted with a corporate entity and not with him in his personal capacity. He further argues that the plaintiff is pursuing him as a surety without first having sued the principle debtor. There is no close corporation of which he is a member or aware of that is called Hotwire Protect Alarms and Security CC with a company registration number CC/2006/0383. The close corporation with the aforementioned CC number (CC/2006/03838) is called Hotwire Automative Technology CC, which is a different entity to the entity described in the applicant for credit. [11] In the affidavit deposed to by Mr Putzler on behalf of the plaintiff, in its opposition of the upliftment of the bar, the plaintiff puts in doubt the defendant’s bona fide desire to defend the action against him. The doubt raised by the plaintiff is based on the following facts: During August 2012 plaintiff’s debt collector, informed the plaintiff and its legal practitioner that the defendant has admitted his indebtedness and agreed to sign an acknowledgment of debt. During September 2012 the plaintiff’s debt collector forwarded the
practitioner of record only after she was placed on terms to file a plea on 12 March 2013 (That was one year after her mandate was already terminated). That he had no knowledge about the procedures to be followed and what was required of him and that as soon as he was served, on 12 April 2013, with a notice bar he attended to obtain new legal representation but to no avail. He stated that he initially approached the offices of LorentzAngula after he received the notice of bar but they were unable to assist him and he only secured legal representation in July 2013. [10] Defendant asserts, in his affidavit, that he has a bona fide defence to plaintiff’s claim on the basis that plaintiff’s claim is defective in the following regard: Plaintiff sues defendant in his personally capacity and alleges that it, during the period 22 September 2010 to 17 June 2011, delivered goods to defendant. Defendant denies that he is personally liable and alleges that plaintiff in fact contracted with a corporate entity and not with him in his personal capacity. He further argues that the plaintiff is pursuing him as a surety without first having sued the principle debtor. There is no close corporation of which he is a member or aware of that is called Hotwire Protect Alarms and Security CC with a company registration number CC/2006/0383. The close corporation with the aforementioned CC number (CC/2006/03838) is called Hotwire Automative Technology CC, which is a different entity to the entity described in the applicant for credit. [11] In the affidavit deposed to by Mr Putzler on behalf of the plaintiff, in its opposition of the upliftment of the bar, the plaintiff puts in doubt the defendant’s bona fide desire to defend the action against him. The doubt raised by the plaintiff is based on the following facts: During August 2012 plaintiff’s debt collector, informed the plaintiff and its legal practitioner that the defendant has admitted his indebtedness and agreed to sign an acknowledgment of debt. During September 2012 the plaintiff’s debt collector forwarded the
Namibia%20Security%20Supplies%20CC%20v%20Schidlowski%20(I%204113-2011)%20%5B2013%5D%20NAHCMD%20282%20(01%20October%202014).docx