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 […]
ex parte application
Service When legal proceedings are instituted the process must be brought to the notice of the party against whom it is instituted by serving a copy of the process and any annexures on the party as directed by the rules. 1. Personal service Service shall be effected personally on […]
Types of applications Ex parte applications An ex parte application is brought without notice to anyone, either because – no relief of a final nature is sought against any person, or notice might defeat the object of the application, or the matter is one of extreme emergency. The notice […]
Notice of Motion – Short Form – Magistrates’ Court – Form 1 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 55(3) Every ex parte application must correspond substantially with Form 1 of Annexure 1 of the Magistrates’ Court Rules. Such application will only be considered if […]
Notice of Motion – Short Form – High Court – Form 2 of the First Schedule of the Uniform Rules of Court – Uniform Rule 6(4) Every ex parte application must be filed with the registrar and set down, before noon on the court day but one preceding the day […]