CIVIL PROCEDURE , SEMESTER 1
MARCH 2019: L MBAEVA
,LEARNING OUTCOMES: UNIT 3: STAGES IN CIVIL PROCEDURE
Lesson outcomes
At the end of this Class students should be able to:
1. Identify the options that are at the disposal of the defendant upon receipt of the summons
2. Understand the notice to defend
3. Identify the different types of pleas
4. Distinguish between a plea on the merits and a special plea
5. Understand the counterclaim, and the reply to the counterclaim
6. Understand default judgments and the requirements thereof
, Summons, Action Proceedings
• Issuing of Summons
• Clerk of the Court, or to reissue
• Rule 5
• Set outs claim and calls upon Defendant to indicate whether he/she intents defending the action, within required dies
induciae
• Failure to do so – Default Judgement
• Steps to be taken before DJ
• N$ 25.00 revenue stamp
• Signed by Plaintiff or attorney
• Amendments thereon must be initialled by CC and Plaintiff before service (validity) and dated (not provided)
• Address for Plaintiff –within 15km from court house
• Exception: Less than 3 practising attorneys independently – see Rule 6(2)(b)
• Dies induciae: Rule 5(1)
• Only 2 grounds for refusal to issue summons :
• Excessive amounts claimed for costs – see Rule 6(4)(a),
• Plaintiff’s address does not comply with requirements of Rule 6(2)(b) and 6(2)(c)
MARCH 2019: L MBAEVA
,LEARNING OUTCOMES: UNIT 3: STAGES IN CIVIL PROCEDURE
Lesson outcomes
At the end of this Class students should be able to:
1. Identify the options that are at the disposal of the defendant upon receipt of the summons
2. Understand the notice to defend
3. Identify the different types of pleas
4. Distinguish between a plea on the merits and a special plea
5. Understand the counterclaim, and the reply to the counterclaim
6. Understand default judgments and the requirements thereof
, Summons, Action Proceedings
• Issuing of Summons
• Clerk of the Court, or to reissue
• Rule 5
• Set outs claim and calls upon Defendant to indicate whether he/she intents defending the action, within required dies
induciae
• Failure to do so – Default Judgement
• Steps to be taken before DJ
• N$ 25.00 revenue stamp
• Signed by Plaintiff or attorney
• Amendments thereon must be initialled by CC and Plaintiff before service (validity) and dated (not provided)
• Address for Plaintiff –within 15km from court house
• Exception: Less than 3 practising attorneys independently – see Rule 6(2)(b)
• Dies induciae: Rule 5(1)
• Only 2 grounds for refusal to issue summons :
• Excessive amounts claimed for costs – see Rule 6(4)(a),
• Plaintiff’s address does not comply with requirements of Rule 6(2)(b) and 6(2)(c)
