PARTICULARS OF CLAIM

1. PLAINTIFF is, an adult male farmer residing at Erf 302, Groot

Aub, Namibia.

2. DEFENDANT is , an adult female whose full and further

particulars are unknown to the plaintiff, residing at 26 Bismarck
Street, Windhoek, Namibia.

3. On 1 February 2006 and at Windhoek, plaintiff and defendant in their

personal capacities entered into a partly oral and partly written
agreement of sale, in terms of which defendant sold 30 cows to
plaintiff for the amount of N$38,000.00. A copy of the written portion
of the agreement in the Afrikaans language as well as a sworn
translation thereof are annexed hereto and marked “A” and “B”
respectively.

4. Plaintiff complied with his obligations in terms of the agreement and

paid defendant the amount of N$38,000.00.

5. Defendant has to date failed to deliver the cows to plaintiff.

6. In consequence, defendant is in breach of the agreement and plaintiff

is entitled to cancel the agreement.

7. On 15 November 2006, plaintiff in writing cancelled the agreement

between the parties, alternatively cancels it herewith and demanded
payment of the amount of N$38,000.00. A copy of the letter of
cancellation is annexed hereto and marked “C”.
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W H E R E F O R E PLAINTIFF CLAIMS:

8. An order cancelling the agreement between the parties.

9. Payment of the amount of N$38,000.00.

10. Interest on the above amount at the rate of 20% per annum a
tempore morae from 29 June 2006 to date of judgment.

11. Further and/or alternative relief.

12. Costs of suit.

DATED AT WINDHOEK ON THIS DAY, 13 October, 2010.

...................................................... ......................................................
LEGAL PRACTITIONER
FOR PLAINTIFF COUNSEL FOR PLAINTIFF