Summary IURI376 drafting summaries

Ex parte application notice ( short notice )



IN THE REGIONAL COURT FOR THE REGIONAL DIVISON OF
NORTH WEST DIVISION HELD AT MANIKENG
CASE NUMBER: NWIRC/MHK 25/2023
In the Ex-parte application:


NAME APPLICANT
(identity numbers)

And
NAME (identity number) RESPONDENT

BE PLEASED TO TAKE NOTICE that application will be made in the above Honorable Court on ………………
2023 at 14:00 or as soon thereafter as counsel for the Applicant may be heard for an order
in the following terms :


1. That the Applicants possession of the assets situated at XXXXXXXXXXXXXXXXXX at the property restored in
the Following manner;
1.1 That the Responder be ordered to grant the Applicant the undisturbed possession of the assets
immediately.
1.2 In the alternative if the Respondent fails to do the above mentioned as in paragraph 1.1, the Sherriff be
authorized to:
1.2.1 Open the premises in order to grant the Applicant the undisturbed possession of the assets by any means
necessary .
1.3 That the Respondent be ordered not to commit any act of spoliation toward the applicant , or to enlist the help
of any third party to commit eny act of Spoliation towards the Applicant;

2. cost of suit if opposed

3 . Further and/or alternative relief

KINDLY FURTHER TAKE NOTICE that the affidavit of (APPLICANT) attached hereto will be used in support of
this application .
DATED at ……………………… on this ….day of ………. 2023




………………………………………………
Attorney of the Applicant
Address

TO: THE REGISTRAR OF THE COURT
MAHIKENG
BY НАND


AND TO: THE RESPONDENT
ADRESS
BY SHERIFF

, Court order Nisi
IN THE RECIONAL COURT FOR THE REGIONAL DIVISON OS

NORTH WEST DIVISION HELD AT MAHIKENG
CASE NUMBER: NWRC/MK 25/2023

Ln the ex- parte application




NAME

(Identity number:) APPLICANT

And

NAME

(identity number ) RESPONDENT




Court order NISI

IT IS ORDERED THAT:

1. Applicant's possession of the assets situated at xxxxxx at the property in the following manner :

1.1 That the Respondent is ordered to grant the Applicant the undisturbed possession immediately

1.2 In the alternative if the Respondent fails to do the above mentioned as in paragraph 1 1, that the sheriff

Be authorized to

1.2.1 Open the premises in order to grant the applicant the undistributed possession of the assests by any means
necessary .

1. 3 That the Respondent be ordered not to commit any act of spoliation toward the Applicant, or to enlist

hep of any third party to commit any act of Spoliation towards the Applicant

2 cost of suit if opposed

3 further and / or alternative relief .

4. That the application be set down for hearing on the Motion Court Roll of the Above Honorable at …………on
…….. day of ………… 2023 at 09:00 or as soon thereafter as the matter may be heard .

5. That should the Respondent fail to avail himself/herself to appear in court on the date referred to in paragraph
4 above, the above Honourable Court may in is discretion consider the Applicants application in absences of the
respondent .

, …………………………………………………….

MAGISTRATE




ORDER PREPARED BY

ATTORNEY FOR THE APPLICANTS