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APPLICATIONS WITH NOTICE TO THE RESPONDENT

Applications , ,

The notice of motion must be addressed to any person against whom relief is claimed, or where it is necessary or proper to give any person notice of such application, as well as the registrar or clerk of the court.[1]

It is a basic principle of our law that interested parties who may be prejudiced by an order issued by a court should be joined in the suit.[2] The proceedings are commenced as soon as the notice of motion is served on the Respondent, even though no notice has been given to the registrar

[1] Uniform Rule 6(2); Magistrates’ Court Rule 55(1)(b)&(c).

[2] Ex parte Body Corporate of Caroline Court 2001 (4) SA 1230 (SCA); Amalgamated Engineering Union v Minister of Labour 1949 (4) SA 637 (A); Pretorius v Slabbert 2000 (4) SA 935 (SCA).

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EX PARTE APPLICATIONS

Applications ,

An ex parte application is brought without notice to anyone, either because –

  • no relief of a final nature is sought against any person[1], or
  • notice might defeat the object of the application, or
  • the matter is one of extreme emergency.[2]

The notice of motion is addressed to the registrar or clerk of the court[3] together with a founding affidavit as to the facts upon which the Applicant relies for relief in support thereof.[4]

In the High Court such notice must set forth the form of order sought, specify the affidavit filed in support thereof, request the registrar to place the matter on the roll for hearing, and be as near as may be in accordance with Form 2 of the First Schedule of the Uniform Rules of Court.[5]

In the Magistrates’ Court the notice of motion in every application brought ex parte shall be similar to Form 1 of Annexure 1 of the Magistrates’ Court Rules.[6]

[1] “An order granted ex parte is by its nature provisional irrespective of the form which it takes.”: Ghomeshi-Bozorg v Yousefi 1998 (1) SA 692 (W) at 696. See also Development Bank of SA Ltd v Van Rensburg NNO 2002 (5) SA 425 (SCA) at 443.

[2] Collective Investments (Pty) Ltd v Brink 1978 (2) SA 252 (N) at 255F-H.

[3] Uniform Rule 6 (2); Magistrates’ Court Rule 55(1)(b).

[4] Uniform Rule 6(1); Magistrates’ Court Rule 55(1)(a).

[5] Uniform Rule 6(4)(a). See Annex 3.

[6] Magistrates’ Court Rule 55(3)(b). See Annex 4.

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APPLICATIONS WITH NOTICE TO THE RESPONDENT

Applications , , ,

     

The notice of motion must be addressed to any person against whom relief is claimed, or where it is necessary or proper to give any person notice of such application, as well as the registrar or clerk of the court.[1]

It is a basic principle of our law that interested parties who may be prejudiced by an order issued by a court should be joined in the suit.[2]

The proceedings are commenced as soon as the notice of motion is served on the Respondent, even though no notice has been given to the registrar.[3]

[1] Uniform Rule 6(2); Magistrates’ Court Rule 55(1)(b)&(c).

[2] Ex parte Body Corporate of Caroline Court 2001 (4) SA 1230 (SCA); Amalgamated Engineering Union v Minister of Labour 1949 (4) SA 637 (A); Pretorius v Slabbert 2000 (4) SA 935 (SCA).

[3] Republikeinse Publikasies (Edms) Bpk v Afrikaanse Pers Publikasies (Edms) Bpk 1972 (1) SA 773 (A); Tladi v Guardian National Ins Co Ltd 1992 (1) SA 76 (T).