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APPLICATIONS WITH NOTICE TO THE RESPONDENT

     

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).