IN THE HIGH COURT OF SOUTH AFRICA

(LIMPOPO DIVISION, POLOKWANE)

CASE NO: 2341/2023

In the matter between:

HENRY’S LOGISTICS (PTY) LTD Applicant

and

YOUNG’S HARDWARE STORE (PTY) LTD Respondent

________________________________________________________________

NOTICE IN TERMS OF RULE 30(2)(b)

________________________________________________________________

PLEASE TAKE NOTICE that the respondent’s Supplementary Affidavit deposed

to and commissioned, and served on the applicant’s attorneys on the 13th of

January 2024, constitutes an irregular step as contemplated in Rule 30 on the

following grounds:-

1. The filing of a further Supplementary Affidavit is contradictory to the provisions

of Rule 6(e) of the Uniform Rules.

2. A respondent is not permitted to file further affidavits after an applicant has

filed a Replying Affidavit, without the permission of the Court.

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3. The respondent has served and filed a Supplementary Affidavit without having

applied to Court for permission to do so, which constitutes an irregular step as

contemplated by Rule 30.

The respondent is hereby afforded the opportunity to remove the cause of

compliant (the Supplementary Affidavit) within a period of 10 (ten) days from date

hereof, failing which the applicant will make a formal application to have it set

aside with costs.

SIGNED at POLOKWANE on this _________day of NOVEMBER 2023

____________________
BMX ATTORNEYS
Attorneys for the Applicant
14 Schoeman Street
POLOKWANE
Tel: 015 – 291 8195
Fax: 015 – 291 8196
E-mail: bmxattorneysinc@gmail.com
Ref: CIV/bm/1989

TO: THE REGISTRAR OF THE HIGH COURT

Biccard street
POLOKWANE

And to: ABC ATTORNEYS

Attorneys for the Respondent
19 Boom Street
POLOKWANE
Tel: 015 – 292 5372
Ref: CIV102/10/AB