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Summary Civil Procedure Drafting: Interlocutory Application

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In depth example of how to draft an interlocutory application for Civil Procedure 371.










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Uploaded on
September 20, 2020
Number of pages
7
Written in
2020/2021
Type
Summary

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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

Case no: 112/2020



In the application of:

A APPLICANT/ PLAINTIFF

and

B FIRST RESPONDENT/ DEFENDANT

E SECOND RESPONDENT



NOTICE OF MOTION



PLEASE TAKE NOTICE THAT the above-named Applicant intends to make an

application to this Honourable Court for an order in the following terms:



1. That E, an adult male builder residen at 5 Disa Street, Cape Town, be joined

as Second Defendant to the action between the Applicant and the First

Respondent, before this Honourable Court under the above case number;

2. That copies of all pleadings to date be served on the Second Respondent and

he then be allowed 10 days to file Notice of his intention to defend, if any;

3. That costs of this application be costs in the cause.



KINDLY TAKE NOTICE that the affidavit of the Applicant, A, annexed hereto, will be

used in support of this application.

, KINDLY TAKE NOTICE FURTHER that the Applicant has appointed the offices of

Willemse Attorneys, 22 Klite Street, Cape Town, as the address where he will

receive service of all process in this application.



TAKE NOTICE FURTHER that if you intend on oppossing this application, you are

required to notify the Applicant’s attorneys in writing, before or on 21 August 2020,

and within fifteen (15) days after you have so given notice of your intention to oppose

this application, to file your opposing affidavits if any, and further, that you are to

appoint in such notification an address referred to in Rule 6(5)(b) at which you will

accept notice and service of all documents in these proceedings.



If no such notice of intention to oppose be given, this application will be made on the

28 August 2020 at 10h00 or as soon thereafter as counsel for the Applicant may be

heard.



DATED AT STELLENBOSCH ON THIS 21ST DAY OF AUGUST 2020.



QUINLAN ATTORNEYS

- STELLENBOSCH

Per:

EMMA DU PLESSIS

112 Ryneveld Street

Stellenbosch

c/o Willemse Attorneys

22 Klite Street

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