• Version
  • Download
  • File Size 414.23 KB
  • File Count
  • Create Date July 13, 2020
  • Last Updated July 23, 2020

HIGH COURT RULES 1971

R.G.N’s 1047/1971, 1016/72,407/75, 554/75, 1093/75; S.Is 142/1981, 277/1981, 273/1983, 356/1984, 144/1985,

126/1989, 368/1990, 108/1991, 43/1992, 25/1993, 251/1993, 101/1994, 120/1995, 33/1996, 192/1997, 202/1997, 80/1998, 80/2000.

TABLE OF CONTENTS

  1. Date of commencement and application.

4A.   Reckoning of time.

4B.   References to legal practitioners.

4C.        Departures from rules and directions as to procedure. 4D.   Certain proceedings to be by way of application.

ORDER 2

CHANGE OF LEGAL PRACTITIONER

  1. Change of legal practitioner.
  2. Renunciation by legal practitioner.

ORDER 2A

PROCEEDINGS BY OR AGAINST ASSOCIATIONS, ETC

  1. Interpretation in Order 2A.
  2. Proceedings by or against associations. 8A. Naming of associates.

8B.   Declaration of persons to be associates.

8C.        Proceedings by or against persons under their trade name. 8D.         Order not to affect liability or non-liability of associates.

ORDER 3

SUMMONS

  1. Action to be commenced by summons.
  2. Matters required by summons.
  3. Contents of summons.
  4. Form and filing of summons: form of edictal citation.
  5. Summons for debt or liquidated demand: endorsement.
  6. Amendment of summons.
  7. Address for service to be endorsed on summons.
  8. Preparation of summons.
  9. Time allowed for entering appearance to defend: dies induciae.
  10. When leave of court required for issue of process.
  11. Return of summons.

ORDER 4

CLAIMS FOR PROVISIONALSENTENCE

  1. Summons claiming provisional sentence.
  2. Contents of summons for provisional sentence.
  3. Forms and rules applicable.
  4. Copy of document to be served with summons.
  5. Particulars where claim based on mortgage bond.
  6. Notice of opposition and answering affidavits.
  7. [Repealed].
  8. Court may permit personal appearance of person summoned.
  9. Rights of defendant when provisional sentence granted.
  10. When court may give final judgment.
  11. Court may require security when granting provisional sentence.
  12. Cases where plaintiff must give security.
  13. Security to be fixed by registrar.
  14. Where provisional sentence granted and defendant enters appearance to defend action.
  15. Where provisional sentence refused and case ordered to stand over for trial.

ORDER 5

SERVICE OF PROCESS

  1. Interpretation in Order 5.
  2. Application of Order 5.
  3. Persons by whom process may be served.
  4. Times for service of process.
  5. Manner of service of process generally.
  6. Service where person to be served prevents service or cannot be found.
  7. Service on two or more persons.
  8. Postal service.

42A. Service of process in proceedings for ejectment or rent.

42B. Proof of service.

42C. Change of address for service. 43.      Inspection of original process.

ORDER 5A

SERVICE OF PROCESS IN PROCEEDINGS AGAINSTSTATE

43A. Application of Order.

43B. Persons upon whom notice and process to be served.

43C. Notice of intention to bring claim to be attached to process. 43D. Order not to affect jurisdiction of Court.

ORDER 6

SERVICE OUTSIDE THE JURISDICTION AND SUBSTITUTED SERVICE

  1. Edictal Citation.
  2. Service of summons in Republic of South Africa and its neighbouring territories.
  3. Substituted service.

ORDER 7

APPEARANCE TO DEFEND

  1. Appearance book.
  2. Mode of entering appearance.
  3. Notice of entry of appearance.
  4. Failure to enter appearance: defendant deemed to be barred.
  5. Entry of appearance: defendant may still raise objection in law to action.
  6. Withdrawal by plaintiff after appearance entered.

ORDER 8

JUDGMENT BY CONSENT

  1. Consent to judgment without appearance in court.
  2. Requisites to consent to judgment.
  3. Judgment or Order.
  4. Court may set aside judgment given by consent.

ORDER 9

JUDGMENT INDEFAULT

  1. Claim for debt or liquidated demand only and no appearance entered.
  2. Claim other than for debt or liquidated demand and no appearance entered.
  3. Appearance entered but defendant barred for default of plea. 59A. Party in default at trial.
  4. When court may enter judgment without hearing evidence.
  5. Dismissal of action where plaintiff barred.
  6. Defendant may be absolved where plaintiff makes default.
  7. Court may set aside judgment given in default.

63A. Setting aside of default judgment by consent.

ORDER 10

SUMMARY JUDGMENT

  1. Application for summary judgment.
  2. [Repealed].
  3. Courses open to defendant at hearing of application.
  4. Limitations as to evidence at hearing of application.
  5. When court may enter summary judgment.
  6. When court will give leave to defend.
  7. Court may give leave to defend unconditionally or on terms.
  8. Time for pleading.
  9. Costs of application for summary judgment.
  10. Other orders which court may make.
  11. Setting aside of summary judgment.

ORDER 11

DISMISSAL OFACTION

  1. Application for dismissal of action.
  2. Application of Order 32.
  3. [Repealed].
  4. [Repealed].
  5. Powers of court on application.

ORDER 12

PROCEDURE FOR BARRING

  1. Notice of intention to bar.
  2. Procedure for barring.
  3. Withdrawal of bar by party.
  4. Effect of bar.
  5. Removal of bar and effect.

ORDER 13

JOINDER OF PARTIES AND ACTIONS

  1. Joinder of parties.

85A. Change of party through death, change of status, etc..

  1. Court may order separate trials.
  2. Misjoinder or nonjoinder of parties.
  3. Provisions consequential on making of order under rule 87.
  4. Representative proceedings.
  5. [Repealed].
  6. Representation of beneficiaries by trustees and others.
  7. Consolidation of actions.

ORDER 14

THIRD-PARTYPROCEDURE

  1. Grounds on which defendant may apply by notice of motion to join third party in action.
  2. Contents and service of application and other documents.
  3. Powers of court on hearing application.
  4. Judgment or order which court may give.
  5. Costs as between third party and other parties.
  6. Claims and issues between a defendant and another defendant.

ORDER 15

PLEADING GENERALLY

  1. Form and content of pleadings.
  2. Filing of pleadings and delivery of copy.
  3. Copies of documents to be filed with pleadings.
  4. Certain matters of fact not required to be pleaded unless denied.
  5. Particulars required: misrepresentation, fraud, etc..
  6. Matters which must be specifically pleaded.
  7. No objection on ground of want of form.

ORDER 16

CLOSURE OFPLEADINGS

  1. Close of pleadings.
  2. Application for closure.

ORDER 17

DECLARATION

  1. Declaration: statement of plaintiff’s claim.
  2. Mode of stating relief claimed.
  3. Distinct claims to be separately stated.
  4. Barring: failure of plaintiff to file declaration.
  5. Filing and service of declaration.
  6. Costs of declaration where defendant tenders in full.
  7. Amendment in declaration of claim stated in summons.

ORDER 18

PLEA AND CLAIM IN RECONVENTION

  1. Plea: requisites.
  2. Plea: denial or defence not necessary as to damages claimed or amount.
  3. Extra costs occasioned by denial or failure to admit facts.
  4. Time for filing plea, exception or special plea.
  5. Claim in reconvention and effect.
  6. Claim in reconvention: rules relating to declaration to apply.
  7. Incorporation in claim in reconvention of facts and allegations by reference.
  8. Claim in reconvention may be proceeded with although plaintiff’s action stayed.
  9. Court may order plaintiff’s claim and claim in reconvention to be tried separately.

ORDER 19

SUBSEQUENTPLEADINGS

  1. Plaintiff’s replication: reply to plea: time for filing.
  2. Plaintiff’s replication: confession and avoidance.
  3. Plaintiff’s plea: claim for reconvention: rules.
  4. Defendant’s replication: claim in reconvention: rules.
  5. Rejoinder: answer to allegations in replication: time for filing.
  6. Notification where answer is a joinder of issue.
  7. Joinder of issue: effect.

ORDER 20

AMENDMENT OF PLEADINGS ANDMATTERS ARISING PENDINGACTION

  1. Court may allow amendment of pleading.
  2. Amendment of pleadings: method.
  3. Amendment of summons or declaration: cause of action arising after issue of summons.
  4. Further ground of defence arising in course of pleading.
  5. Confession of defence arising after commencement of action.

Leave a Reply

Your email address will not be published. Required fields are marked *