Default judgment: Magistrates’ Court When a defendant has failed to deliver the notice of intention to defend within the time stated in the summons or before the lodgement of the request provided for in this paragraph, and has not consented to judgment, the plaintiff may lodge with the registrar or […]
magistrates' 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 […]
Rescission of judgment – Magistrates’ Court – Magistrates’ Court Rule 49(1) A party to proceedings in which a default judgment has been given, or any person affected by such judgment, may within 20 days after obtaining knowledge of the judgment serve and file an application to court, on notice to […]
Notice to produce discovery – Magistrates’ Court – Form 15 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 23(6) Any party may at any time by notice similar to Form 15 of Annexure 1 require any party who has made discovery to make available for inspection […]
Provisional Sentence Summons – Magistrates’ Court – Form 2A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 14A When a person may be summoned to answer a claim made for provisional sentence, proceedings shall be instituted by way of a summons in accordance with Form 2A […]
Notice to inspect documents – Magistrates’ Court – Form 15A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 23(6) Any party may at any time by notice similar to Form 15 of Annexure 1 require any party who has made discovery to make available for inspection […]
Security for costs – Magistrates’ Court – Magistrates’ Court Rule 62 If a party is entitled to demand security for costs from another party, he / she shall, as soon as practicable after the commencement of proceedings, deliver a notice setting forth the grounds upon which such security is claimed, […]