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 […]
Monthly archives: July 2020
11 posts
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 […]
Action based on contract It is required of a party who in his pleading relies upon a contract to state whether the contract is written or oral and when, where and by whom it was concluded. If the contract is written a true copy thereof or of the part relied […]
Declaration / Particulars of claim The declaration / particulars of claim advise the defendant of the relief claimed against him/her and the grounds upon which such relief is claimed. As such it should clearly and concisely state the material facts on which the plaintiff relies for his claim, with enough […]
Combined Summons In every case where the claim is not for a debt or liquidated demand the summons shall be as near as may be in accordance with Form 10 of the First Schedule of the Uniform Rules in High Court matters, to which summons shall be annexed a statement […]
Simple Summons In every case where the claim is for a debt or liquidated demand the summons shall be as near as may be in accordance with Form 9 of the First Schedule of the Uniform Rules in High Court matters, and Form 2 of Annexure 1 of the Magistrates’ […]
Summons Action proceedings, also known as actions or trials, are initiated by way of summons. Summons is a form of process sued out through the office of the registrar and addressed to the sheriff, directing him/her to inform the defendant of the nature of the claim that the plaintiff has […]