Particulars of Claim

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CASE NUMBER:
IN THE HIGH COURT OF NAMIBIA

MAIN DIVISION – WINDHOEK
In the matter between
XXXXXXXXXXXXXX (PTY) LTD PLAINTIFF
and
YYYYYYYYYYYY CC DEFENDANT
PARTICULARS OF CLAIM
1. The Plaintiff is XXXXXXX (PTY) LTD, a private company with limited

liability, duly incorporated in terms of the company laws of the Republic of
Namibia and having its principal place of business at 11 Van Der Bijl Street,
Windhoek, Namibia.
2. The Defendant is YYYYYYY CC, a close corporation duly incorporated

in terms of the Close Corporations Act 1988, alternatively a firm or
association as contemplated in rule 42 of the Rules of the Honourable Court
and having its principal place of business at 1st Floor, No 1 Independence
Avenue, Namibia, which address is also its chosen domicilium citandi at
executandi.
3. During March 2014 and at Windhoek, the Plaintiff, being represented

by Mr. XX and the Defendant, represented by Mr. YY, entered into a written
agreement. The agreement is annexed hereto as annexure “A”.
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4. The material express, alternatively tacit, in the further alternative

implied terms of the agreement were as follows: -
4.1 Plaintiff would render transport services to the Defendant on

credit and on an open account and at the latter’s special instance
and request;
4.2 The transport services would be charged at plaintiff’s

ordinary, usual and usual rates applicable to the specific class of
service from time to time;
4.3 Plaintiff would render a monthly statement of account to the

Defendant, which account shall serve as a tax invoice in respect of
all services rendered and which shall be proof of the amount owing
to the plaintiff by the defendant;
4.4 All debts raised by the plaintiff in a particular month and

which is due to the plaintiff shall be paid to it on the last day of the
subsequent month in which the debt was raised;
4.5 In the event that defendant fails to raise a query in respect of

any debt raised by the plaintiff within 14 days from the date upon
which the debt was raised, the amount due shall be deemed to be
correct;
4.6 The defendant shall not be entitled to withhold any payment

of any amount due in terms of the agreement by virtue of any claim
the defendant may have for compensation for loss or damage of
goods or property, or for any other reason whatsoever;
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4.7 No amendment of or variation of, or addition to the

agreement shall be of any force and effect unless reduced to writing
and signed by both parties thereto;
4.8 A certificate signed by a duly authorised Senior Official of the

plaintiff, whose authorization and appointment as such need not be
proved, shall be prima facie proof of the amount due and payable
by the defendant;
4.9 The defendant shall be liable for costs on the scale as

between attorney and client for all legal costs the plaintiff may incur
in the enforcement of the agreement;
4.10 The defendant chose its domicilium citandi at executandi for

purposes of the agreement at [insert address], Windhoek;
4.11 An invoice or delivery note signed by the Plaintiff or its duly

authorized agent reflecting the amount due by the First Defendant
shall constitute prima facie proof that such amount is due and
payable;
4.12 All overdue amounts shall bear interest at the maximum rate
prescribed by the Usury Act and shall be calculated monthly in
advance from the due date to date of final payment;
4.13 In the event that First Defendant defaults in its obligations

towards the Plaintiff all legal costs incurred by the Plaintiff shall be
borne by the First Defendant on the scale as between attorney and
own client;
4.14 In the event of any default by the First defendant, the entire
balance due on the open account shall immediately become due
and payable by the First Defendant;
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4.15 Ownership of the goods shall despite delivery to First

Defendant, remain vested in the Plaintiff until such time as the
goods have been paid for in full;
5. At all relevant times Plaintiff complied with its obligations in terms of

the written credit agreement and rendered transport services to the
defendant during the period January 2014 to May 2014.
6. Defendant is in breach of its obligations in that he failed to pay the

amounts due to plaintiff as and when such amounts became due and
payable.
7. Defendant is currently indebted to the plaintiff in the amount of

N$1,514,970.94, being the balance due on the open account as per the
certificate of indebtedness annexed hereto and marked “B”.
8. The amount as claimed is made up and arrived at as is set out in the

statement of account, annexed hereto as “C”. The invoices (and
supporting documents) reflected on the statement of account are also
annexed hereto and are marked annexure “C1” to “C40”.
9. Despite written demand made on 4 August 2014, the defendant has

failed and or refused to pay any amount due to plaintiff. A copy of the
written demand is annexed hereto and marked annexure “D”.
WHEREFORE PLAINTIFF PRAYS FOR JUDGMENT AGAINST THE

DEFENDANT FOR:
1. Payment of the sum of N$1,514,970.94.

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2. Interest at the rate of 20% per annum a temporae morae until date
of final payment;
3. Cost of suit on the scale of attorney and client.
4. Further or alternative relief.
DATED at WINDHOEK on 14 July 2024.
________________________________
[name of firm of legal
practitioners]
LEGAL PRACTITIONERS FOR
PLAINTIFF
[address]
WINDHOEK

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1

IN THE HIGH COURT OF NAMIBIA

In the matter between

XXXXXXXXXXXXXX (PTY) LTD PLAINTIFF

1. The Plaintiff is XXXXXXX (PTY) LTD, a private company with limited

2. The Defendant is YYYYYYY CC, a close corporation duly incorporated

3. During March 2014 and at Windhoek, the Plaintiff, being represented

4. The material express, alternatively tacit, in the further alternative

4.1 Plaintiff would render transport services to the Defendant on

4.2 The transport services would be charged at plaintiff’s

4.3 Plaintiff would render a monthly statement of account to the

4.4 All debts raised by the plaintiff in a particular month and

4.5 In the event that defendant fails to raise a query in respect of

4.6 The defendant shall not be entitled to withhold any payment

4.7 No amendment of or variation of, or addition to the

4.8 A certificate signed by a duly authorised Senior Official of the

4.9 The defendant shall be liable for costs on the scale as

4.10 The defendant chose its domicilium citandi at executandi for

4.11 An invoice or delivery note signed by the Plaintiff or its duly

4.13 In the event that First Defendant defaults in its obligations

4.15 Ownership of the goods shall despite delivery to First

5. At all relevant times Plaintiff complied with its obligations in terms of

6. Defendant is in breach of its obligations in that he failed to pay the

7. Defendant is currently indebted to the plaintiff in the amount of

8. The amount as claimed is made up and arrived at as is set out in the

9. Despite written demand made on 4 August 2014, the defendant has

WHEREFORE PLAINTIFF PRAYS FOR JUDGMENT AGAINST THE

1. Payment of the sum of N$1,514,970.94.

3. Cost of suit on the scale of attorney and client.

4. Further or alternative relief.

DATED at WINDHOEK on 14 July 2024.

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