Longhurst wanted the second and last witness for HP, not to be allowed on the stand because they (Longhurst) were not notified in time that he would be taking the stand and that he was an expert. Owen McIntyre is an expert from Chasewaterford Company in South Africa dealing with investigating and identifying counterfeits. He was roped in to investigate HP products sold by Longhurst at a cheaper price and suspected to be counterfeits. Rannowane dismissed the objection saying that the applicants have prior to the case, indicated that they would be bringing an expert and that Longhurst did not object. “The defence was notified of the second witness and as such there is no element of surprise because they had plenty of time to object but they chose not to,” he said. Longhurst attorney and director, Gabriel Kanjabanga had applied that the witness be dismissed on the basis that they did not receive any notice that the expert would take the stand. “Notice must be given to the other party so that the element of surprise can be dealt with. I was not given any notice that HP would be calling an expert and I find it difficult to deal with him,” he said.
Kanjabanga said a notice was done according to the rules of court and law in order to allow the other party to know how others intend to proceed with the case so that they can prepare well in time.
