The term "High Court" is misleading, because it suggests that there is only one, whereas in reality there are many, divided into provincial (CPD, ECD, NCD, TPD, NCP, OPD) and local divisions (WLD, DCLD, SECLD).
Inherent jurisdiction will be exercised in order to prevent abuse of the law, which ultimately exists to properly facilitate the administration of justice.
This official undertakes such administrative duties as issuing summonses, receiving pleadings, compiling court rolls and keeping records,[4] and also has the task of noting judgments in certain matters.
In practice, the roles of Clerk and Registrar are often covered by the same person, who wears different hats depending on whether she administers lower-court or regional-court matters.
A set of facts may disclose multiple causes of action: In the case of a motor-vehicle collision in which a breadwinner dies, a claimant may sue both for damage to the vehicle and for loss of support.
There are, however, certain exceptions: It is important also to note the special position of the following: Once a person has decided what is his cause of action, and who is going to institute the claim, he can determine out of which court to sue.
[38] During the trial, parties endeavour to prove the basic facts formulated in the pleadings, by means of witnesses who appear in person and who provide oral, documentary, or real evidence.
In matters where the claim is not for a debt or a liquidated demand, default judgment can only be obtained after either giving oral evidence before court or providing same by way of affidavit.
Previously, a defendant in the MC filed an exception where he wished to raise an objection based on one of the following listed grounds: All of the above are technical aspects of the summons that are apparent ex facie (on the face of) the document.
This is called litis contestatio, and it means that the litigants have reached finality in regard to all the allegations of fact forming the basis of the claim and defence.
Because this rule has been removed, a defendant no longer has the benefit of asking questions to clarify certain aspects of the plaintiff's claim at this early stage of the case.
[104]With regard to the previous rule, it was held that the onus of demonstrating that the applicant was in wilful default rested on the respondent: "Whether this is still the case appears to be moot.
Where the applicant fails to show good cause, the magistrate may nevertheless grant rescission mero motu, in the interests of justice, if exceptional circumstances warrant it.
Processes are drafted in the form of affidavits, which are written statements sworn under oath or affirmation, and may have extra documents attached as annexures, which further support the evidence adduced.
Application procedure is therefore reserved for matters in which the court can reach a decision on the documents before it, without resorting to the oral evidence of witnesses because the parties do not dispute the material facts of the case.
In Room Hire v Jeppe Street Mansions, it was decided that, as a general rule, the choice between the procedures depends on whether a bona fide material dispute of fact should have been anticipated by the party launching the proceedings.
It must be appreciated that it is inherently unfair on the respondent to be brought to court in an application According to the Room Hire case, a dispute of fact might arise in the following situations: Bearing in mind the disadvantage to which the respondent is put in an application for final relief, a court is not permitted, where there are genuine disputes of fact on material issues, to decide the matter on a mere balance of probabilities, as would be done in an action.
The customary order made when referring an application to trial would typically read as follows: It is a fundamental policy that the respondent ought to be afforded the opportunity of placing his version before the court, and of being heard.
On completion of the sale, the sheriff must attach to the return a "vendue roll", showing details of the property sold, the prices realised, the names and addresses of the purchasers (where known), and an account of the distribution of the proceeds.
Where the execution creditor does not admit the claim, the sheriff must sue out an interpleader summons in terms of section 69 of the Magistrates' Courts Act, read with MCR 44.
The third-party claimant must, not less than ten days before the date of the hearing specified in the summons, lodge with the sheriff an affidavit in triplicate, setting forth the particulars of the claim and the grounds thereof.
When the debtor appears before the court in camera on the return day mentioned in the notice, he gives evidence under oath or affirmation as to his financial position.
The emoluments-attachment order must be signed by the judgment creditor or his attorney, and by the clerk of the court, and served on the garnishee (the employer) by the sheriff in the manner prescribed.
After deducting necessary expenses and a specified remuneration determined by tariff, the administrator will in turn make a regular distribution in weekly or monthly instalments, or otherwise out of such received payments to all creditors.
In futuro debts—that is to say, debts which become due and payable in the future, including mortgage bonds and assets subject to credit agreements—are excluded from the administration order.
Such party must give at least five days' notice of taxation for an hour to be fixed, generally or specially, by the clerk of the court, and may include in such bill all payments that have necessarily and properly been made by him.
The case usually involves two legal representatives, who appear before a presiding officer and present their respective arguments based on facts which have already been recorded by either party in an affidavit.
A provisional-sentence summons contains the following particulars: The defendant may admit liability for the amount claimed, in which case the court may grant final judgment in favour of the plaintiff.
In practice, the parties usually agree that the capital amount due in terms of the judgment will be paid directly to the registrar or clerk by the defendant, to be held as security.
A plaintiff who fails to provide security is not entitled to provisional relief; he must proceed to the principal case and request a grant of final judgment.