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 […]
form and content of an application
4 posts
Contents of affidavits All the mentioned affidavits should contain the following: The case heading. The title of the document, e.g. “FOUNDING AFFIDAVIT OF JOE SOAP” “APPLICANT’S FOUNDING AFFIDAVIT” “REPLYING AFFIDAVIT OF JANE DOE” “RESPONDENT’S OPPOSING AFFIDAVIT”, etc. The commencement, e.g. “I, Joe Soap, state under oath:” or “I, Jane Doe, […]
Affidavits In application proceedings evidence is given mostly in the form of affidavits. In exceptional circumstances evidence will be given orally. The affidavits must provide all the evidence the court needs to make a just and reasonable finding in the matter. The ordinary rule is that three sets of affidavits […]
Notice of motion The notice of motion must be addressed to – the person/s against whom relief is claimed, and any person/s whom it is necessary to give notice of the application, and the registrar / clerk of the court. In High Court matters the notice of motion must be […]