Bar, Removal of bar and extension of time limits – Magistrates’ Court – Magistrates’ Court Rules 21B, 60 Any party who fails to deliver a replication or subsequent pleading within the time stated in the court rules shall be automatically barred. If the defendant fails to deliver the plea with […]
magistrates' court
35 posts
Appeal – Application for leave to appeal in criminal cases – Magistrates’ Court – Magistrates’ Court Rule 67 The Appellant must apply for leave to appeal to the relevant Division of the High Court against his / her conviction and / or sentence handed down by the Magistrate in the […]
Appeal – Application for leave to appeal in civil cases – Magistrates’ Court Magistrates’ Court Rule 51 The appellant requests that the Magistrate hand to the Clerk / Registrar of the Court a written judgment in respect of the trial of the case, which judgment forms part of the record. […]
Amendment of pleadings – Magistrates’ Court – Magistrates’ Court Rule 55A To prevent the opposing party taking exception to a pleading that lacks the necessary averments to sustain a cause of action or a defence, the pleading must be amended. Amendment of pleadings – Magistrates’ Court – Magistrates’ Court Rule […]
Absolution from the Instance – Magistrates’ Court – Magistrates’ Court Rule Rule 15(5) After hearing the evidence of the parties and the counsels’ arguments the court may either deliver judgment immediately (ex tempore) or reserve judgment and deliver it at a later date. The judgment is recorded and as long […]