South African Civil Law

In these VERY IMPORTANT notes, we discuss each type of summons, the contents of each as well as when the summons in question should be utilized to institute proceedings. We also look at the differences between the summons and the notice of motion, and explain when to use each.

Jurisdiction refers to the competence of a court to hear and determine an issue between parties. A court’s jurisdiction may be limited due to the subject matter, amount in dispute, territory and the parties. In these notes, we take a deeper look!

In these notes, I show you exactly how to draft a combined summons in both the High Court and the Magistrate’s Court, where the cause of action is based on the breach of an agreement. Included herein are both High Court and Magistrate's Court summons templates.

A claim for damages is a financial claim that is instituted to compensate a plaintiff as a result of a loss-causing event that occurred due to the fault of a defendant. In South Africa, there are a few broad types of damages a litigant can claim depending on the circumstances of the matter and na...

In previous notes, we looked at the various damages claims which may be instituted under South African law. For ease of reference, the types of damages which may be claimed are: • Contractual damages; • Delictual damages; • Statutory damages; and • Constitutional damages. In these not...

In these notes, we will be drafting particulars of claim wherein we will be claiming damages arising from a delict (AKA delictual damages). Claims for delictual damages can be extremely broad, whereas in these notes, we will only be looking at one example (motor vehicle accidents/collisions). Mo...

In these notes, we step into the shoes of the defendant, alternatively the defendant’s attorneys, by discussing what to do upon receipt of a summons. If you are served with a summons, it means that another person or entity has instituted legal action against you for certain relief. A templat...