Default Judgment: High Court 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 […]
high court
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Set-down of applications Unopposed applications If the Respondent does not, on or before the day mentioned for that purpose in a notice of motion, notify the Applicant of his or her intention to oppose, the Applicant may place the matter on the roll for hearing, by giving the registrar […]
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 […]
Review – Uniform Rule of Court 53 Save where any law otherwise provides, all proceedings to bring under review the decision or proceedings of any inferior court and of any tribunal, board or officer performing judicial, quasi-judicial or administrative functions shall be by way of notice of motion directed and […]
Rescission of judgment – High Court – Uniform Rules of Court 31(2)(b), 42 A defendant may within 20 days after acquiring knowledge of a default judgment against him or her apply to court upon notice to the plaintiff to set aside such judgment and the court may, upon good cause […]
Notice to produce discovery – High Court – Form 13 of the First Schedule of the Uniform Rules – Uniform Rule 35(6) Any party may at any time by notice as near as may be in accordance with Form 13 of the First Schedule require any party who has made […]
Provisional Sentence Summons – High Court – Form 3 of the First Schedule of the Uniform Rules of Court – Uniform Rule 8 When a person may be summoned to answer a claim made for provisional sentence, proceedings shall be instituted by way of a summons as near as may […]
Notice to inspect documents – High Court – Form 14 of the First Schedule of the Uniform Rules – Uniform Rule 35(6) Any party may at any time by notice as near as may be in accordance with Form 13 of the First Schedule require any party who has made […]