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 […]
magistrates' court
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Notice of Motion – Long Form – Magistrates’ Court – Form 1A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 55(1) Every application must be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief. The […]
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;– […]
Non-compliance with the rules – Magistrates’ Court – Magistrates’ Court Rule 60 Unless otherwise provided for in the Magistrates’ Court Rules, failure to comply with these Rules or with any request made in pursuance thereof shall not be ground for the giving of judgment against the party in default. If […]
Joinder of parties – Magistrates’ Court – Magistrates’ Court Rule 28(2) The court may, on application by any party to any proceedings, order that another person shall be added either as a plaintiff or applicant or as a defendant or respondent on such terms as it may deem fit. Joinder […]
Urgent application – Magistrates’ Court – Magistrates’ Court Rule 55(5)(a) In urgent applications the court may dispense with the forms and service provided for in the Magistrates’ Court Rules and may dispose of such matter at such time and place and in such manner and in accordance with such procedure, […]
Irregular proceedings – Magistrates’ Court – Magistrates’ Court Rule 60A When a party to a cause takes an irregular step, other party or parties may apply to court to set it aside. Such application must be brought on notice to all parties specifying particulars of the irregularity or impropriety alleged. […]
Interpleader – Magistrates’ Court – Magistrates’ Court Rule 44 Where any person (‘the applicant’), alleges that he is under any liability in respect of which he is or expects to be sued by two or more parties making adverse claims (‘the claimants’), in respect thereto, the applicant may deliver a […]
Interim relief in matrimonial matters – Magistrates’ Court – Magistrates’ Court Rule 58 This rule applies whenever a spouse seeks relief from the court in respect of one or more of the following matters:(a) Maintenance pendente lite;(b) A contribution towards the costs of a matrimonial action, pending or about to […]
Financial Disclosure Form – Interim relief in matrimonial and divorce matters The Financial Disclosure Form (“FDF”) is becoming obligatory in interim relief matters as per the Practice Directives of the different Divisions of the High Court. Financial Disclosure Form – Interim relief in matrimonial and divorce matters To view the […]