Default judgment: Magistrates’ Court When a defendant has failed to deliver the notice of intention to defend within the time stated in the summons or before the lodgement of the request provided for in this paragraph, and has not consented to judgment, the plaintiff may lodge with the registrar or […]
Yearly archives: 2020
90 posts
Default Judgment: High Court Whenever a defendant is in default of the delivery of a notice of intention to defend or of a plea, the plaintiff may apply for judgment by default. In case of an illiquid claim (i.e. not for a debt or liquidated demand) the application is made […]
Summary judgment The plaintiff may, after the defendant has delivered a plea (in the High Court), or where the defendant has delivered notice of intention to defend (in the Magistrates’ Court), apply to court for summary judgment on each of such claims in the summons as is only- (a) […]
Notice of Intention to Defend The defendant in every civil action shall be allowed ten (10) days after service of summons on him/her within which to deliver a notice of intention to defend, either personally or through his attorney: Provided that the days between 16 December and 15 January, both […]
Provisional Sentence Summons Where by law any person may be summoned to answer a claim made for provisional sentence, proceedings shall be instituted by way of a summons as near as may be in accordance with Form 3 of the First Schedule of the Uniform Rules of Court in High […]
The claim or relief sought The particulars of claim conclude with a prayer for the appropriate relief which conforms with the cause of action set out in the body of the document. The claim or relief sought is a distinct portion of the declaration / particulars of claim and it […]
Action based on the negligent discharge of a duty In general, a plaintiff need not allege in his declaration / particulars of claim or particulars of claim any matter of fact which the law presumes in his favour. In some cases, there is, in favour of the plaintiff, a presumption […]
Action based on damages A plaintiff suing for damages shall set them out in such manner as will enable the defendant reasonably to assess the quantum thereof: Provided that a plaintiff suing for damages for personal injury shall specify his date of birth, the nature and extent of the injuries, […]
Action based on delict In general, the plaintiff is restricted to the particulars of negligence he alleges. In any declaration / particulars of claim framed in delict there must be a right which has been violated; and in order to disclose the nature, extent and grounds of the action it […]
Divorce action Regarding divorce proceedings, the only grounds for divorce in terms of s 3 of the Divorce Act are the irretrievable breakdown of the marriage and the mental illness or the continuous unconsciousness of a party to the marriage. The court may grant a decree of divorce on the […]