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IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CONSTITUTIONAL COURT CASE NO: 73/15 COURT A QUO - SCA CASE NO: 213/2014

COURT OF FIRST INSTANCE (WCHC)- CASE NO: 14272/2010

In the matter between:

FIRSTRAND BANK LIMITED Applicant

and

NOMSA NKATA First Respondent

THE SHERIFF IN THE DISTRICT OF DURBANVILLE.

WESTERN CAPE Second Respondent

KRAAIFONTEIN PROPERTIES Third Respondent

THE REGISTRAR OF DEEDS, WESTERN CAPE Fourth Respondent

In re:

NOMSA NKATA Applicant

and

FIRSTRAND BANK LIMITED First Respondent

THE SHERIFF IN THE DISTRICT OF DURBANVILLE.

WESTERN CAPE Second Respondent

KRAAIFONTEIN PROPERTIES Third Respondent

THE REGISTRAR OF DEEDS, WESTERN CAPE Fourth Respondent

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NOTICE OF MOTION

KINDLY TAKE NOTICE that the Applicant, FirstRand Bank Limited (being the First Respondent in the Main Application under the above case number – “the Main Application”) intends to make application to the above Honourable Court at the hearing of the Main Application, for an order in the following terms:

1. That the above Honourable Court condone the late filing of the First Respondent’s answering affidavit dated 4 May 2015;

2. Costs of this condonation application, only in the event of opposition;

3. Further and/or alternative relief.

KINDLY TAKE NOTICE FURTHER that the affidavit of GEORGE DANIEL RAATH will be used in support of this application.

KINDLY enroll the matter for hearing accordingly.

DATED at SANDTON on this the 8th day of MAY 2015.

__________________________________

COHEN SHEVEL FOURIE ATTORNEYS First Respondent’s Attorneys 40 McIntyre Road Parow 7500 Ref: TO Price/F51219 Care of VAN HULSTEYNS ATTORNEYS Suite 25, Katherine & West Building 114 West Street Sandown, SANDTON Tel: (011) 523 - 5300 Ref: Mr A Legg/MAT9345 Email: [email protected]

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3

TO:

THE REGISTRAR OF THE CONSTITUTIONAL COURT BRAAMFONTEIN

AND TO:

NOLUNDI NYATI ATTORNEYS Applicant’s Attorneys

Unit 710, 7th Floor 47 on Strand CAPE TOWN

Care of PUKWANA INCORPORATED 1st Floor

Braamfontein Centre Gauteng

SERVICE BY EMAIL: [email protected]

THE SHERIFF FOR THE DISTRICT OF DURBANVILLE Second Respondent

Sheriff’s Office No 42 John X Merriman Street Oakdale

Belville

SERVICE BY EMAIL: [email protected]

KRAAIFONTEIN PROPERTIES EIENDOMME (now known as HARCOURTS CAPE GATE)

Third Respondent 91 Darwin Street Kraaifontein

SERVICE BY EMAIL: [email protected]

REGISTRAR OF DEEDS, WESTERN CAPE Fourth Respondent

No 90 Plein Street New Revenue Building Cape Town

SERVICE BY FAX: 021 464 7727

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