Facilegis – Legal Forms and Templates

Absolution from the Instance – Magistrates’ Court – Magistrates’ Court Rule Rule 15(5)

Absolution from the Instance – Magistrates’ Court – Magistrates’ Court Rule Rule 15(5)

After hearing the evidence of the parties and the counsels’ arguments the court may either deliver judgment immediately (ex tempore) or reserve judgment and deliver it at a later date.

The judgment is recorded and as long as it stands unaltered or unrescinded it is conclusive proof of findings of fact directly in issue in the case and the grounds on which the findings are based.

The court may grant judgment outright in favour of any party, or give absolution of the instance, or dismiss the action. In application proceedings the equivalent of an order of absolution from the instance would be that no order is made thereon, save for costs, or that leave is granted to apply again on the same papers supplemented by such further affidavits as the case may require.

Absolution from the Instance – Magistrates’ Court – Magistrates’ Court Rule Rule 15(5)

To view the rule go to Department of Justice – Magistrates’ Court Rules

For more go to the South African Legal Information Institution (SAFLII)