Default judgment – Magistrates’ Court – Form 5 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rules 12 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 […]
Daily archives: 28th April 2020
10 posts
Default judgment – High Court – Uniform Rule of Court 31 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 […]
Curators – Appointment of curators – Uniform Rule of Court 57 Any person who wants to make an application to the court for an order declaring another person (hereinafter referred to as ‘the patient’) to be of unsound mind and as such incapable of managing his / her own affairs, […]
Consolidation of actions – Magistrate’s Court – Magistrates’ Court Rule 28(3) A plaintiff may join several causes of action in the same action and the court may at the conclusion of the proceedings make such order as to costs as it deems fit. Consolidation of actions – Magistrate’s Court – […]
Consolidation of actions – High Court – Uniform Rule of Court 11 Where separate actions have been instituted and it appears to the court convenient to do so, it may upon the application of any party thereto and after notice to all interested parties, make an order consolidating such actions. […]
Condonation of non-compliance with the Rules – Magistrates’ Court – Magistrates’ Court Rule 60(9) The court may, on good cause shown, condone non-compliance with the Magistrates’ Court Rules. Condonation of non-compliance with the Rules – Magistrates’ Court – Magistrates’ Court Rule 60(9) To view the rule go to Department of […]
Condonation of non-compliance with the Rules – High Court – Uniform Rule of Court 27(3) The court may, on good cause shown, condone any non-compliance with the Uniform Rules. Condonation of non-compliance with the Rules – High Court – Uniform Rule of Court 27(3) To view the rule go to […]
Compel – Application to compel further particulars – Magistrates’ Court – Magistrates’ Court Rules 16 After the close of pleadings any party may, not less than 20 days before trial, deliver a notice requesting only such further particulars as are strictly necessary to enable him or her to prepare for […]
Compel – Application to compel further particulars – High Court – Uniform Rules of Court 21(2) & (4) After the close of pleadings any party may, not less than twenty days before trial, deliver a notice requesting only such further particulars as are strictly necessary to enable him to prepare […]
Compel – Application to compel discovery – Magistrates’ Court – Magistrates’ Court Rule 23 Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within 20 days of all documents and tape, electronic, digital or other forms of recordings relating […]