HIGH & MAGISTRATES COURT PRACTICE:
APPLICATION PROCEDURES:
It is litigation based on affidavits.
NOTE: The person making the founding affidavit must have the necessary authority.
NOTICES OF MOTION:
Applications are brought in one of two ways:
a) On notice to the registrar only, where no other person is affected (ex parte); and
b) On notice to the registrar and any other person affected by the application – on notice
of motion.
The notice of motion sets out the relief that is sought.
Examples of instances where the use of application is mandatory:
1) High Court Rule 43 / Mag Court Rule 58 (interim maintenance, care of children,
assistance with legal fees)
2) Interdicts
3) interlocutory application
4) sequestration / liquidations
5) joinder of parties
6) appointment of a curator.
Different types of applications:
INTERLOCUTORY APPLICATIONS SUBSTANTIVE APPLICATIONS (final
relief)
APPLICATION PROCEDURES:
It is litigation based on affidavits.
NOTE: The person making the founding affidavit must have the necessary authority.
NOTICES OF MOTION:
Applications are brought in one of two ways:
a) On notice to the registrar only, where no other person is affected (ex parte); and
b) On notice to the registrar and any other person affected by the application – on notice
of motion.
The notice of motion sets out the relief that is sought.
Examples of instances where the use of application is mandatory:
1) High Court Rule 43 / Mag Court Rule 58 (interim maintenance, care of children,
assistance with legal fees)
2) Interdicts
3) interlocutory application
4) sequestration / liquidations
5) joinder of parties
6) appointment of a curator.
Different types of applications:
INTERLOCUTORY APPLICATIONS SUBSTANTIVE APPLICATIONS (final
relief)
