2008 Oct/Nov

State the grounds for interdicts:

Final interdicts

  1. Must be a clear right established on a balance of probabilities
  2. An actionable wrong that has been committed or reasonably thought to be committed in the future
  3. No other satisfactory method of providing the applicant with protection

Temporary interdicts

  1. Must be a clear right or if this cannot be established, then a prima facie one
  2. If the right is prima facie, applicant must show that he would suffer irreparable harm if application is not granted and the respondent would not suffer such irreparable harm
  3. Balance of convenience must favour the granting the interdict. Court must weigh the prejudice caused to each of the parties if interdict is granted or not granted. If there is a great prejudice that will be caused to the respondent, the interdict will not be granted
  4. No other satisfactory remedy available to the applicant

Three methods by which normal service can be effected:

  1. Normal service- effected personally
  2. Substituted service – if person is within the republic but exact whereabouts are unknown
  3. Edictal Citation- If person is outside the republic regardless of whether the whereabouts are known or not

Information that must be contained in a discovery affidavit:

  1. Those documents relating to the matter in dispute which are in his possession or under his control
  2. Those documents which although relate to the matter in dispute and which are in his possession- he objects to producing and the reasons why eg privilege
  3. Those documents he had in his possession but no has them. Must state when was the last he had them and where they are now.

MAY/JUNE 2011

When can the procedure for interim payment be instituted?

-At any time after the lapse of the prescribed timeframe to file a notice of intention to defend

What are the requirements for the plaintiff to satisfy court that he is entitled to interim payment?

  1. Defendant must acknowledge in writing his liability for the plaintiffs damages
  2. Plaintiff must have obtained judgment against defendant for the damages but amount must still be determined
  3. That defendant is insured in respect of the claim or has the means to pay it

When will evidence be taken down by affidavit and when will this not be permitted?

-A witness must give evidence viva voce and in open court. If a witness is unable to give evidence in person, she may be allowed to give evidence by affidavit. The court will permit it if there is adequate reason. If the court believes that the opposing party has reason to cross examines a witness, and the witness can be brought before the court, evidence by way of affidavit will not be permitted.

Explain 2 differences between attorney and client cost and party and party costs?

  1. - Attorney and client cost arise from the contractual relationship between attorney and client and are not related

to possible litigation

- Party and party costs are incurred by taking legal steps and are payable by the opposing party in a court order

  1. - Attorney and clients costs are remuneration for professional services rendered and expenses the attorney has

incurred to carry out their mandate. They are not statutorily fixed.

- Party and party costs are taxed by the taxing master using a fixed prescribed scale

Oct/Nov 2009

Explain 3 important rules for the drafting of pleadings.

  1. Must contain clear and concise statements of material facts upon which claim is based. Must not be vague and embarrassing
  2. Details must be reflected clearly, logically and comprehensively
  3. Facts and not law must be pleaded. No evidence must be pleaded.

What steps can defendant take if a plaintiff applies for summary judgment against her?

-Must fully disclose the grounds and nature of defence

-Must include evidence is support of his claims

-Must show that the plaintiffs case is not unimpeachable

-Can supply security