Opposition to applications
Ex parte applications
In High Court matters, any person having an interest that may be affected by a decision on an application being brought ex parte, may deliver notice of an application for leave to oppose, supported by an affidavit setting forth the nature of such interest and the ground upon which such person desires to be heard, whereupon the registrar must set such application down for hearing at the same time as the initial application.
In Magistrates’ Court matters, any order made against a party on an ex parte basis shall be of an interim nature and shall call upon the party against whom it is made to appear before the court on a specified return date to show cause why the order should not be confirmed.
Even though the rules of court does not provide for the granting thereof, where the rights of other persons may be affected by the order sought, or if required by law, the court may grant a rule nisi calling upon a person or persons to appear in court on a certain date to show cause why the rule should be made absolute. The court may order temporary relief until conclusion of the proceedings.
The rule nisi is served in the same manner as other process.
If a person wishes to oppose the matter, he/she must file and serve answering affidavits setting out a defence. The Applicant is entitled to serve and file replying affidavits thereto.
On the return day of the rule nisi, the Applicant moves to have the rule made final or absolute. If the matter is opposed it is then argued. The court may make the rule absolute or discharge it. The court may hear oral evidence on a dispute of fact or refer the parties to trial.
The Respondent may anticipate the return day of the rule nisi upon delivery of not less than 24 hours’ notice. The application can be heard in the presiding officer’s chamber or in camera if circumstances so dictates.
Other applications
Any party opposing the grant of an order sought in the notice of motion must within the time stated in the said notice, give Applicant notice, in writing, that he or she intends to oppose the application, and in such notice appoint an address within 15 kilometres of the office of the registrar, at which such party will accept notice and service of all documents, as well as such party’s postal, facsimile or electronic mail addresses where available.
Then, within 15 days (High Court matters) or 10 days (Magistrates’ Court matters) of notifying the Applicant of his or her intention to oppose the application, the opposing party must deliver his or her answering affidavit, if any, together with any relevant documents. The purpose of the answering affidavit is to put up evidence to refute the case made by the Applicant in his or her founding affidavit.
If the party intends to raise any question of law only, he or she must deliver notice of his or her intention to do so, within the time stated above, setting forth such question. This is done in the answering affidavit.
For more go to Notes on application (motion) proceedings
