Types of applications Ex parte applications An ex parte application is brought without notice to anyone, either because – no relief of a final nature is sought against any person, or notice might defeat the object of the application, or the matter is one of extreme emergency. The notice […]
Monthly archives: May 2020
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Contents of affidavits All the mentioned affidavits should contain the following: The case heading. The title of the document, e.g. “FOUNDING AFFIDAVIT OF JOE SOAP” “APPLICANT’S FOUNDING AFFIDAVIT” “REPLYING AFFIDAVIT OF JANE DOE” “RESPONDENT’S OPPOSING AFFIDAVIT”, etc. The commencement, e.g. “I, Joe Soap, state under oath:” or “I, Jane Doe, […]
Affidavits In application proceedings evidence is given mostly in the form of affidavits. In exceptional circumstances evidence will be given orally. The affidavits must provide all the evidence the court needs to make a just and reasonable finding in the matter. The ordinary rule is that three sets of affidavits […]
Notice of motion The notice of motion must be addressed to – the person/s against whom relief is claimed, and any person/s whom it is necessary to give notice of the application, and the registrar / clerk of the court. In High Court matters the notice of motion must be […]
Review – Uniform Rule of Court 53 Save where any law otherwise provides, all proceedings to bring under review the decision or proceedings of any inferior court and of any tribunal, board or officer performing judicial, quasi-judicial or administrative functions shall be by way of notice of motion directed and […]
Rescission of judgment – Magistrates’ Court – Magistrates’ Court Rule 49(1) A party to proceedings in which a default judgment has been given, or any person affected by such judgment, may within 20 days after obtaining knowledge of the judgment serve and file an application to court, on notice to […]
Rescission of judgment – High Court – Uniform Rules of Court 31(2)(b), 42 A defendant may within 20 days after acquiring knowledge of a default judgment against him or her apply to court upon notice to the plaintiff to set aside such judgment and the court may, upon good cause […]
Notice to produce discovery – Magistrates’ Court – Form 15 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 23(6) Any party may at any time by notice similar to Form 15 of Annexure 1 require any party who has made discovery to make available for inspection […]
Notice to produce discovery – High Court – Form 13 of the First Schedule of the Uniform Rules – Uniform Rule 35(6) Any party may at any time by notice as near as may be in accordance with Form 13 of the First Schedule require any party who has made […]
Provisional Sentence Summons – Magistrates’ Court – Form 2A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 14A When a person may be summoned to answer a claim made for provisional sentence, proceedings shall be instituted by way of a summons in accordance with Form 2A […]