IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG

REPUBLIC OF SOUTH AFRICA CASE NO. 4401/10

In the matter between :

APPLICANT

and

FIRST RESPONDENT

SECOND RESPONDENT

THIRD RESPONDENT

FOURTH RESPONDENT

NOTICE OF APPLICATION FOR SUMMARY JUDGMENT

TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT

PIETERMARITZBURG

AND TO : VINAY YETWARU ATTORNEYS

First, Second & Third Respondents' Attorneys
c/o K RAMKARAN & COMPANY
368 BURGER STREET
PIETERMARITZBURG
(REF : V YETWARU/K322)

KINDLY TAKE NOTICE that Application will be made to this

Honourable Court on the day of 2010 at

09h30 or so soon thereafter as Counsel may be heard, for Summary

Judgment against the First, Second and Third Respondents under the

following circumstances:-

1. The Summons was served on the Second Respondent on

29th June 2010.

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2. The First, Second and Third Respondents delivered a Notice

of Intention to Defend on 13 July 2010.

3. The attached Affidavit of will be used

in support of this Application.

Summary Judgment will be sought against the Respondents for:-

(a) Payment of the sum of R94,866.03.

(b) Interest on the sum of R94,866.03 at the rate of 14.5% per

annum a tempore morae to date of payment;

(c) Costs of suit on the scale as between attorney and own

client;

(d) Further and/or alternative relief.

KINDLY PLACE the matter on the Roll accordingly.

DATED AT PIETERMARITZBURG ON THIS DAY OF JULY 2010.

------------------------------
APPLICANT'S ATTORNEY

TOMLINSON MNGUNI JAMES

165 Pietermaritz Street
PIETERMARITZBURG
(Ref : M Browning//67T0100/10)
IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG

REPUBLIC OF SOUTH AFRICA CASE NO. 4401/10

In the matter between :

APPLICANT

and

FIRST RESPONDENT

SECOND RESPONDENT

THIRD RESPONDENT

FOURTH RESPONDENT

SUPPORTING AFFIDAVIT

I, the undersigned

do hereby make oath and say :

1.

I am the Sole Member of the Applicant and am duly authorised to

depose to this Affidavit.

 Page 2

2.

The facts deposed to by me are within my own personal knowledge and

belief.

3.

The First, Second, Third and Fourth Respondents are indebted to the

Applicant in the sum of R94,866.03, together with interest and costs, on

the grounds stated in the Plaintiff's Particulars of Claim in this action. I

am able to and hereby verify the amount of the Applicant's claim and its

cause of action.

4.

I verily believe that the First, Second and Third Respondents do not

have a bona fide defence to the action herein and that an Appearance to

Defend has been entered solely for the purposes of delay.

 Page 3

___________________________

DEPONENT

I HEREBY CERTIFY that the deponent has acknowledged that he knows

and understands the contents of this affidavit which was signed and

sworn to before me at PIETERMARITZBURG on this day of

2010, the Regulations contained in Government Notices R.1258 and

R.1648 of 21 July 1977 respectfully, having been complied with.

COMMISSIONER OF OATHS
FULL NAMES:
ADDRESS:
CAPACITY: