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 […]
Yearly archives: 2020
90 posts
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 […]
Pleading stage of proceedings The documents used by a party to proceedings to formulate his case in preparation for the hearing are called ‘pleadings’. The following documents are pleadings: Particulars of claim Declaration Counterclaim Third party claim Interpleader claim Plea, with or without special plea Further pleadings such as rejoinder, […]
Action proceedings Introduction and overview Action proceedings are used when a real and substantial dispute of fact needs to be decided by a court of law. This is done during a trial before a judge or magistrate who must consider not only the balance of probabilities of facts but also […]
Hearing of applications Preparation Competent and confident Motion Court advocacy is the product of systematic preparation. Preparation is the key to success! The general principles and sources for preparation is found in – The rules of court The law (statutes, decided cases and textbooks) The practice directives of the […]
Set-down of applications Unopposed applications If the Respondent does not, on or before the day mentioned for that purpose in a notice of motion, notify the Applicant of his or her intention to oppose, the Applicant may place the matter on the roll for hearing, by giving the registrar […]
Answering and Replying affidavits Answering affidavit The Respondent has the right to answer the allegations in the Applicant’s founding affidavit. This is done by way of the Respondent’s answering affidavit (aka opposing affidavit) that is made by the Respondent personally, or duly authorised person if the Respondent is not a […]