High Court
Conduct of application proceedings
Ex parte applications
Since an ex parte application can be heard by a court without notice being given to anyone, it can be
said that, in this respect, this form of application is an exception to the general rule (Audi alteram
partem).
Thus ex parte is used only in the following exceptional circumstances:
1. When the applicant is the only person who is interested or whose rights are affected by the
relief sought
2. Where the relief sought is a preliminary step in the proceedings and is necessary to bring the
other party before court
3. Where this procedure (i.e. an ex parte application) has been laid down by Act of Parliament
or the Uniform Rules of Court.
4. Where, though other persons may be affected by the order sought, immediate relief is
essential because a delay could be dangerous or because, if notice were given to the person
affected, such notice would in fact precipitate the very harm which the application is
endeavouring to prevent,
5. Where the respondents are so numerous that it would be highly inconvenient, very
expensive and time-consuming to serve the application on them all.
When any application is made ex parte, an onerous duty rests upon the applicant (and equally so on
the applicant’s attorney and counsel) to disclose fully all material facts which may affect the decision
of the court, even though such facts could be detrimental to the success of the application.
Rights of other persons may be affected by any order granted in pursuance of an ex parte
application, the court will not grant a final order, but will issue what is known as a rule nisi.
The rule nisi is an order calling to show cause, on a day fixed in the rule, why the relief specified in
the rule nisi should not be finally granted.
Ordinary applications
Differs from an ex parte application in that notice of the application is given to another person or
persons. Such person, or persons, receives notice of the application in that it is ‘‘served’’ on him or
her after it has been issued, that is, a copy of the application is handed to him or her.
Related forms in which applications can appear
Interlocutory applications
A party may want to approach the court for relief in respect of matters related to proceedings that
have already been instituted. This is particularly the case in respect of summons proceedings.
Rule 6(11) of the Uniform Rules of Court determines that, in these cases, the court must be
approached by means of interlocutory applications. Interlocutory applications are therefore brought
purely by way of notice. In terms of Rule 4(1) (aA), such applications may be served on the opposite
party’s attorney of record, and do not therefore have to be served by the sheriff
Conduct of application proceedings
Ex parte applications
Since an ex parte application can be heard by a court without notice being given to anyone, it can be
said that, in this respect, this form of application is an exception to the general rule (Audi alteram
partem).
Thus ex parte is used only in the following exceptional circumstances:
1. When the applicant is the only person who is interested or whose rights are affected by the
relief sought
2. Where the relief sought is a preliminary step in the proceedings and is necessary to bring the
other party before court
3. Where this procedure (i.e. an ex parte application) has been laid down by Act of Parliament
or the Uniform Rules of Court.
4. Where, though other persons may be affected by the order sought, immediate relief is
essential because a delay could be dangerous or because, if notice were given to the person
affected, such notice would in fact precipitate the very harm which the application is
endeavouring to prevent,
5. Where the respondents are so numerous that it would be highly inconvenient, very
expensive and time-consuming to serve the application on them all.
When any application is made ex parte, an onerous duty rests upon the applicant (and equally so on
the applicant’s attorney and counsel) to disclose fully all material facts which may affect the decision
of the court, even though such facts could be detrimental to the success of the application.
Rights of other persons may be affected by any order granted in pursuance of an ex parte
application, the court will not grant a final order, but will issue what is known as a rule nisi.
The rule nisi is an order calling to show cause, on a day fixed in the rule, why the relief specified in
the rule nisi should not be finally granted.
Ordinary applications
Differs from an ex parte application in that notice of the application is given to another person or
persons. Such person, or persons, receives notice of the application in that it is ‘‘served’’ on him or
her after it has been issued, that is, a copy of the application is handed to him or her.
Related forms in which applications can appear
Interlocutory applications
A party may want to approach the court for relief in respect of matters related to proceedings that
have already been instituted. This is particularly the case in respect of summons proceedings.
Rule 6(11) of the Uniform Rules of Court determines that, in these cases, the court must be
approached by means of interlocutory applications. Interlocutory applications are therefore brought
purely by way of notice. In terms of Rule 4(1) (aA), such applications may be served on the opposite
party’s attorney of record, and do not therefore have to be served by the sheriff
