lOMoAR cPSD| 48433225
Downloaded by Vincent master ()
, lOMoAR cPSD| 48433225
NOTES
Civil Procedure 2
CIP301-K
CIVIL PROCEEDINGS IN THE HIGH COURT
1. THE FORMS OF PROCEEDINGS
1.1. Background
Documents are exchanged by the parties to formulate their claims and
defences called process documents or pleadings, depending on the
type of action:
Proceedings Application Summons
Approach court by Notice of Motion Summons
means of
Formal documents Process Pleadings and
documents processes
When incorrect form used, court may:
refuse to hear the case or to hear it in its present form;
penalise the party when issuing an order for costs, even
prepared to condone the use.
Some advantages to different forms, including speed and cost
savings.
1.2. The maxim audi alteram partem (hear the other side)
Every person is entitled to be heard before an order or judgment is
granted against him. This requirement is meticulously enforced in
that an opponent must: be notified timeously of the steps to be taken
against him; and afforded an opportunity to reply; and be able to
place a defence before court.
Necessary so that each party knows the basis of the opposing party’s
claim and prevent being caught unprepared during trial.
Downloaded by Vincent master
()
Downloaded by Vincent master ()
, lOMoAR cPSD| 48433225
NOTES
Civil Procedure 2
CIP301-K
CIVIL PROCEEDINGS IN THE HIGH COURT
1. THE FORMS OF PROCEEDINGS
1.1. Background
Documents are exchanged by the parties to formulate their claims and
defences called process documents or pleadings, depending on the
type of action:
Proceedings Application Summons
Approach court by Notice of Motion Summons
means of
Formal documents Process Pleadings and
documents processes
When incorrect form used, court may:
refuse to hear the case or to hear it in its present form;
penalise the party when issuing an order for costs, even
prepared to condone the use.
Some advantages to different forms, including speed and cost
savings.
1.2. The maxim audi alteram partem (hear the other side)
Every person is entitled to be heard before an order or judgment is
granted against him. This requirement is meticulously enforced in
that an opponent must: be notified timeously of the steps to be taken
against him; and afforded an opportunity to reply; and be able to
place a defence before court.
Necessary so that each party knows the basis of the opposing party’s
claim and prevent being caught unprepared during trial.
Downloaded by Vincent master
()
