Facilegis – Legal Forms and Templates

Default judgment – High Court – Uniform Rule of Court 31

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 or liquidated demand) the application is made to the court and in the case of a liquid claim (i.e. for a debt or liquidated demand) the application is made to the registrar. If both types of claims are claimed in the same action the application for default judgment is made to the court.

The plaintiff sets down the matter for hearing upon at least five days’ notice of his intention to apply for default judgment to the party in default, provided that no notice of set down need be given to any party in default of delivery of notice of intention to defend. As such notice of the hearing must only be given to a party in default of delivering a plea.

The court [in case of an illiquid claim (i.e. not for a debt or liquidated demand)] may then after hearing evidence grant judgment against the defendant or make such order as the court deems appropriate. The evidence which may be required to be led by the court is not confined to the issue of quantum but may also relate to the cause of action or merits of the claim. This evidence may be accepted by the court on affidavit.

Default judgment – High Court – Uniform Rule of Court 31

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

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