The claim or relief sought The particulars of claim conclude with a prayer for the appropriate relief which conforms with the cause of action set out in the body of the document. The claim or relief sought is a distinct portion of the declaration / particulars of claim and it […]
particulars of claim
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Action based on the negligent discharge of a duty In general, a plaintiff need not allege in his declaration / particulars of claim or particulars of claim any matter of fact which the law presumes in his favour. In some cases, there is, in favour of the plaintiff, a presumption […]
Action based on damages A plaintiff suing for damages shall set them out in such manner as will enable the defendant reasonably to assess the quantum thereof: Provided that a plaintiff suing for damages for personal injury shall specify his date of birth, the nature and extent of the injuries, […]
Divorce action Regarding divorce proceedings, the only grounds for divorce in terms of s 3 of the Divorce Act are the irretrievable breakdown of the marriage and the mental illness or the continuous unconsciousness of a party to the marriage. The court may grant a decree of divorce on the […]
Action based on contract It is required of a party who in his pleading relies upon a contract to state whether the contract is written or oral and when, where and by whom it was concluded. If the contract is written a true copy thereof or of the part relied […]
Declaration / Particulars of claim The declaration / particulars of claim advise the defendant of the relief claimed against him/her and the grounds upon which such relief is claimed. As such it should clearly and concisely state the material facts on which the plaintiff relies for his claim, with enough […]