Declaration / Particulars of claim The declaration / particulars of claim advise the defendant of the relief claimed against him/her and the grounds upon which such relief is claimed. <> And this is where you are very likely to encounter a summons, which can be confusing. %PDF-1.5 Good day Sir . Notice to appear in court in terms of section 65A(1) of the Act. As a general rule, the simple summons is used where the claim is for a debt or a liquidated demand. In South Africa, a court of law would be approached to divorce a couple if the marriage broke down irretrievably. Following the amendment of r 55 of the Magistrates’ Court Rules, the application procedure in the magistrate’s court is in all material respects identical to that in the High Court. The simple summons is the High Court equivalent of the ordinary summons in the Magistrate's Court. 4. :( QQ ln the matter between: First Plaintiff Second Plaintiff ... duly registered in terms of the laws of Republic of South Africa, with its domicilium citandi et executandi at Grosvenor Corner, 195 Jan Smuts Avenue, Rosebank, Johannesburg. The civil procedure to use in such a case is also the action procedure. The summons 9 . decided that if a summons did not disclose a cause of action, that was an irregularity and summonses, which in the opinion of the Court did not disclose a cause of action, were set aside. Company Laws of the Republic of South Africa and registered under registration number: 2012/077700/07 with principal place of business situated at ... exposure of prominent and high ranking state functionaries have resulted in ... ultimately released on bail on 4 April 2016 by order of court at the Kempton Park Magistrate’s Court. 16361/2004 is annexed and marked A . Interpleader summons [section 69(1) of the Act]. COMBINED SUMMONS IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) In the matter between: SOLAL TECHNOLOGIES (PTY) LTD and KEVIN CHARLESTON To the Sheriff or his Deputy: INFORM : CA Plaintiff Defendant KEVIN CHARLESTON, an adult male, employed as an E-commerce project The appeal court will have no decision to which to <>>> (3) In the High Court, the amount tendered in settlement need only be available for A copy of the Court Order issued in case no. The Judge President of the Northern Cape Division of the Supreme Court of South Africa has, in terms of section 43 (2) (b) of the Supreme Court Act, 1959 (Act 59 of 1959), made the rules regulating the conduct of proceedings of the Northern Cape Division of the Supreme Court of South Africa, as contained in the Schedule hereto. In other words, the marriage cannot be saved. 1 0 obj The parties were married to each other on XXXX out of community of property, specifically excluding the Accrual System as provided for in terms of chapter 1 of the Matrimonial Property Act, 1984 (Act 88 of 1984) and the marriage still subsists. damages, an interdict or a declaration. The summons and particulars of claim must then be served (that is, formally delivered to) by the sheriff of the high court on the defendant within a year of the date of issue of the summons. After my dismissal on 15 March 2006, I didn’t feel well. 11 The same set of rules is ... No. Respondent is Diamond Jewellers (Pty) Ltd, a company duly incorporated in accordance with the company laws of South Africa, having its premises at Shop 2, Sandton Square, Sandton. Release Date: December 01, 2000 R43,395.25 Forms and Precedents 27 Vol set. In every case where the claim is for a debt or liquidated demand the summons shall be as near as may be in accordance with Form 9 of the First Schedule of the Uniform Rules in High Court matters, and Form 2 of Annexure 1 of the Magistrates’ Court Rules in Magistrates’ Court … 3 0 obj endobj Acts Online provides legislation, including amendments and Regulations, in an intuitive, online format. COMBINED SUMMONS IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO. Draft you own Divorce Summons and Particulars of Claim, Western Cape High Court, Cape Town. <> J919 - Form 39. View Summonses.docx from ZUG 1012 at Monash South Africa Incorporated in Australia External Non-Profit Company. Emoluments attachment order. endobj The parties are domiciled within the jurisdiction of the above Honourable Court. SAVE OUR IMF HELP AVE the iMfoloziu Mine nd YES.to keeping Wilderness LDERNESS saying NO l- FR WA BEST ENVIRONMENTAL BL WINNER 2016 You are hereby summoned that you do within ten (10) days of the service of this summons deliver or cause to be delivered to the Clerk of the aforesaid Court and also the Plaintiff or his Attorney, at the address specified herein, a notice in writing of your intention to defend this action and answer the claim of Combined Summons In every case where the claim is not for a debt or liquidated demand the summons shall be as near as may be in accordance with Form 10 of the First Schedule of the Uniform Rules in High Court matters, to which summons shall be annexed a statement […] (1) One of the rules for the drafting of processes is that only facts, and not the law, must be pleaded. J918 - Form 38. 3 Civil Procedure II - Part II: Civil proceedings in the High Court Activities - Study unit 2: The Conduct of Application Proceedings SG pp 22 Scenario 1: Sandra has passed her attorney’s admission examination and her contract as a candidate attorney expires soon. The Honourable Court thus has jurisdiction over the First Defendant. Although there are a number of summonses available in the high court, the combined summons will be the type of summons to use since it is a claim for unliquidated damages. included. (2) To be defined as a liquid document, payment of the debt must be unconditional and must appear ex facie the document. COMBINED SUMMONS Case number: IN THE HIGH COURT OF SOUTH AFRICA SOUTH … The summons and particulars of claim also set out what relief you are seeking from the court - e.g. With Acts you are guaranteed the latest and most up to date resource for your legislative needs. COMBINED ; SUMMONS Case No. Respondent is involved in the retail business of selling jewellery. The words on the front of the summons probably looks like this: . combined summons. 4.At all material times the Plaintiff was the owner, alternatively the bona fide possessor who bore the risk of loss or damage to a 2012 model 1.8 CHEVROLET CORSA LDV motor vehicle with registration number XYZ 123 GP. ... rules and to also bring greater uniformity with the high court rules. The source of procedural rules relating to the magistrates' FACTUAL BACKGROUND TO THIS APPLICATION. So, let’s take a closer look at what exactly a summons is, and what you should look out for. J920 - Form 40. Service of legal process 11 ... (of which there are 62 throughout South Africa). REPUBLIC OF SOUTH AFRICA No. 4 0 obj jane williams (defendant) (identity number: 1111111111111) _____ to the sheriff/his deputy: inform attorney of the High Court of South Africa with right of appearance in the High Court in terms of Section 4(2) of Act 96 of 1995. J917 - Form 37. endobj COMBINED SUMMONS To the Sheriff or his deputy: INFORM GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA, acting through its National Treasury, Department of Finance, Department of Defense and its Department of Trade and Industry, care of The State … used in any form without prior written permission from the South African Board for Sher-iffs. x��Zmo7�n���w�h���-'Y�u��T�{(����rb qr�������+QWLs0,��p8C>3|�;{����n���Ϯ^>�l�һ���}6������l,��l�tz"�?��D�JV���,[|>=��~\����&S������������6�ۼ�����*W�"�G.e6�O�pg���l��ӓ�=7�i����;h�e��!c[���+�B�E!kVjS�F�}v��*g�]�+��hzIN\L~���`��&3|4ͅ���۷�t>Z�操K�y�U낫��N_d|Z���R�R�wI��w̹�yaa�EY�F���5�l�����>����X�u�sl*�Fj�4Q� ��*l�rs(^��� �&/�3[��s�ϫ�s޳�ޭ�n�D��#/�������>^�#6N��6aǝ��TWJ����;��(�r��_!�j����-�;|H�l����y��M8�WJ�:*�E�OJ]�:QV�7����yI�U&�L�5����.�d���:CQJ[�� r��c�+���S6���L�^?#⟞"퍔{�u�J����K��Q�&�0^p]���w���cij��N3jҽlE��]s$O] �.��J^⺔��cE��S�B6�/i� �2��s A combined summons, on the other hand, has a more detailed and separate document containing the particulars of claim and is annexed to the summons. ����M�),` �r b>��q7 ��ɐ���8��䈠�nw�k�e]�F%Q��`2�� ܛPk�)aMQW��eU�D�R�B�*�d��K�I�>I�ɺ$�&�d(���" OS�:��+P��vLq J�h������.\6�H�N�#6J�v��i*�D�#��(�F;�������o�����*`��y6oy�b2�R���mmQ���n_R��Q�&�h����gד��t1�H�-FR�l�w,tRd��I����$�C'���N�v@���!�D��G}�0��F. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Release Date: November 01, 1997 R50,025.98 Statutes of South Africa with Noter-Up and Wording of Sections. [Section 65A(6) of the Act] (iii) Any person who- (aa) is called upon to appear before a court under a notice in terms of section 65A(1) or 65A(8)(b) of %���� IN THE HIGH COURT OF SOUTH AFRICA KWAZULU NATAL LOCAL DIVISION, DURBAN Case No: 1419/2006 In the matter between: ... summons against the defendant, Clive Paul Murphy on the 13th April 2006. To the sheriff or his deputy: INFORM THE MINISTER OF DEFENCE, cited herein in his official f > capacity as being the person legally responsible for The conduct of proceedings in each court is different, although there are ... regulating High Court procedure are to be found in the Supreme Court Act 59 of 1959 and the Rules of Court. : 92/26570 In the Supreme Court of South Africa WITWATERSRAND LOCAL DIVISION) In the matter between: THEMBA WESLEY DADA Plaintiff. Security under rule 38. Simple Summons. Justice College, Private Bag X659, Pretoria, 0001, South Africa Tel 012 481 2892 Fax 012 481 2854 . We are the leading resource for freely available Legislation in South Africa and are used daily by thousands of professionals and industry leaders. As such it should clearly and concisely state the material facts on which the plaintiff relies for his claim, with enough […], Combined Summons In every case where the claim is not for a debt or liquidated demand the summons shall be as near as may be in accordance with Form 10 of the First Schedule of the Uniform Rules in High Court matters, to which summons shall be annexed a statement […], Combined summons – Magistrates’ Court – Form 2B of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 5(2)(a) In every case where the claim is not for a debt or liquidated demand the summons shall be a combined summons similar to Form 2B of Annexure 1, to […], Combined summons – Magistrates’ Court – Divorce Matters – Form 2C of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 5(2)(a) In every case where the claim is not for a debt or liquidated demand the summons shall be a combined summons similar to Form 2B of […], Combined summons – High Court – Form 10 of the First Schedule of the Uniform Rules of Court – Uniform Rule of Court 17(2)(a) In every case where the claim is not for a debt or liquidated demand the summons shall be as near as may be in accordance with […], © 2021 Facilegis - Legal Forms and Templates – All rights reserved, Powered by  – Designed with the Customizr Theme, Combined summons – Magistrates’ Court – Form 2B of Annexure …, Combined summons – Magistrates’ Court – Divorce Matters – Form …, Combined summons – High Court – Form 10 of the …. In divorce proceedings, the Defendant is the Plaintiff’s spouse. : john williams (plaintiff) (identity number: 0000000000000) and. Interpleader summons [section 69(2) of the Act]. 3.2.4 The member or members of the South African Defence Force, as alleged by the Plaintiff to have assaulted Plain tiff/committed physical acts (other than rape) against the Plaintiff, was a member/were members of a Security Force, as provided for in the Regulations. She graduated with a Law Degree ... mentioned first on the Combined Summons, further pleadings (formal court documents) and notices. film entitled THE LION KING, which copyright is registered in South Africa under the Registration of Cinematograph Films Act, 1967, under no 94/0106. 2 0 obj and THE MINISTER OF DEFENCE Defendant. in the high court of south africa (western cape division, cape town) case no. Republic of South Africa. stream COMBINED SUMMONS IN THE MAGISTRATES' COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA. 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