Summary judgment – Magistrates’ Court – Magistrates’ Court Rule 14
Where the defendant has served notice of intention to defend, the plaintiff may apply to court for summary judgment on each of such claims in the summons as is only-
– on a liquid document;
– for a liquidated amount in money;
– for delivery of specified movable property; or
– for ejectment,
together with any claim for interest and costs.
The plaintiff shall within 15 days after the date of service of notice of intention to defend, deliver notice of application for summary judgment, together with an affidavit made by plaintiff or by any other person who can swear positively to the facts verifying the cause of action and the amount, if any, claimed and stating that in his or her opinion there is no bona fide defence to the action and that notice of intention to defend has been served solely for the purposes of delay.
– A copy of the served notice of intention to defend must be annexed to such affidavit.
– If the claim is founded on a liquid document a copy of the document must be annexed to such affidavit.
– The notice of application for summary judgment must state that the application will be set down for hearing on a stated day not being less than 10 days from the date of the delivery thereof.
Summary judgment – Magistrates’ Court – Magistrates’ Court Rule 14
To view the rule go to Department of Justice – Magistrates’ Court Rules
For more go to the South African Legal Information Institute (SAFLII)
