Pleadings
EXAMPLE 12 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA
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EXAMPLE 12IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIAHELD AT PRETORIACase Nr. 1/2006 In the case between: JILL HILL Plaintiff and JIM SWIFT Defendant
I, the undersigned, JILL HILL do hereby state under oath as follows: 1. I am the Plaintiff in this matter and the facts deposed to herein are within my personal knowledge and I can and do swear positively to the truth thereof. 2. I have in my possession or under my control the books and documents which relate to the action and which I intend to use in the action or which tend to prove or disprove either party's case, as set out in the attached schedules A and B. 3. I object to the production of the books and documents set forth in schedule B on the grounds that they are privileged, being communications between attorney and client, statements of witnesses, or other documents that are by the nature and origin thereof privileged. 4. According to the best of my knowledge and belief I have not now and never had in my possession, custody, or power or in the possession, custody or power of my attorney or agent, or any other person on my behalf, any document or copy thereof or extract from any document relating to any matters in question in this action, other than the books and documents set forth in schedules A and B attached hereto. Signed and sworn to at Pretoria on ________________________ by the deponent who has stated that: a He/She knows and understands the contents hereof and that it is true and correct; b He/She has no objection to taking the prescribed oath; and c That he/she regards the prescribed oath as binding on his/her conscience.
COMMISSIONER OF OATHS: SIGNATURE FULL NAMES: CAPACITY: AREA: BUSINESS ADDRESS:
_ DATE NUMBER DOCUMENT ___________ COPY/ORIGINAL_ All pleadings and notices under the above case number
WORKS" original 1/3/2006 1234 Invoice by RICK'S TOWING dated 1 March 2006 original 1/3/2006 - Police report MAS 120/06 copy ______________________________________________________________________________ SCHEDULE B 1. Books, documents and letters of a privileged nature, being communications between attorney and client relating to this case. 2. Statements of witnesses with whom the attorneys and advocates have consulted about this matter. 3. Communications, opinions, memoranda and advice on evidence given by the attorney and/or advocate of the party. 4. Notes made by the party's attorneys and advocates during consultations with witnesses who might be called to give evidence in this matter. EXAMPLE 13 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case Nr. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant ____________________________________________________________________________ NOTICE IN TERMS OF RULE 24(9)(a) and (b) ____________________________________________________________________________ Kindly take notice that Plaintiff intends to call Mr Spanner Koekemoer as expert at the trial of the above matter; Kindly further take notice that Mr Koekemoer will testify at the aforementioned trial that: 1. He obtained his N3 Certificate in Panelbeating in 1980 and has worked as panelbeater for his own account at Spanner in the Works, 10 Rose Avenue, Mayville, Pretoria since 1981. 2. He has 25 (Twenty Five) years experience in the repair of petrol driven vehicles of various models and is also acquainted with the costs of spares and related items and the standard tariffs for panelbeating labour. 3. On 1 March 2006 he inspected the Plaintiff's vehicle, a Toyota Corolla with registration number XYZ 456 GP and found the following damage thereto, which damage, in his expert opinion, is consistent with damage sustained in a motor vehicle accident: 3.1 Front passenger door damaged beyond repair;
4. In accordance with his expert knowledge regarding repairs, cost of labour, prices of spares and related items, it is his opinion that the fair and reasonable costs of repairing the aforesaid damage will amount to R20 000,00, which amount is calculated as follows: 4.1 Removal and replacement of front passenger door: R8 000,00: door R1 000,00: labour R1 000,00: spray painting 4.2 Removal and replacement of midpanel: R3 000,00: panel R1 000,00: labour R1 000,00: spray painting
R4 000,00: labour R1 000,00: spray painting Signed at Pretoria on this the ________day of September 2006. ____________________________ Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside (Ref. J Voet) TO: The Clerk of the Court Pretoria
Attorneys for Defendant
Sunnyside Pretoria
(Ref. G van Wyk) Received copy hereof on this the _____ day of September 2006. _________________________________ Defendant’s Attorneys
HELD AT PRETORIA Case Nr. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant _____________________________________________________________________________ REQUEST FOR INSPECTION OF OBJECT IN TERMS OF RULE 24(6) AND (7) _____________________________________________________________________________ Kindly take notice that Defendant requires Plaintiff to make the following object available for a mechanical inspection for a period of at least 10 (ten) days: 1 Toyota Corolla, registration number XYZ456GP as the condition thereof is relevant in determining the damages in the above matter. Signed at Pretoria on this the ___ day of September 2006. _______________________________ Gaius van Wyk Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria
Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
_____ day of September 2006 ________________________________ Attorneys for Plaintiff EXAMPLE 15 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case Nr. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant ____________________________________________________________________________ NOTICE IN TERMS OF RULE 24(10) ____________________________________________________________________________ Kindly take notice that Plaintiff intends to present the photographs copies of which are attached hereto as Annexures "A" to "F", as evidence at the trial of the above matter; Kindly further take notice that you are entitled to inspect the originals of the said photographs at the offices of the Plaintiff's Attorneys on weekdays from 09:00 to 16:00; Kindly further take notice that you are requested to indicate within 5 (five) days after receipt of this notice whether you have any objection against the authenticity of the photographs, failing which the photographs will be introduced into evidence upon mere presentation and without proof thereof. Signed at Pretoria on this the _________day of October 2006. _________________________________ Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria (Ref. J Voet) TO: The Clerk of the Court Pretoria
Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria
(Ref. G van Wyk) Received copy hereof on this the _____ day of October 2006. _________________________________ Defendant’s Attorneys EXAMPLE 16 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case Nr. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant ______________________________________________________________________________ AGREEMENT NOT TO APPEAL ______________________________________________________________________________ We, Jill Hill of 20 Queens Crescent, Lynnwood, Pretoria and Jim Swift of 7 Kingbolt Crescent, Wapadrand, Pretoria, the above-mentioned Plaintiff and Defendant respectively, do hereby agree in terms of Section 82 of the Magistrate's Court Act, 32 of 1944, that the decision of the Court in the abovementioned action shall be final. Signed at Pretoria on this the ____ day of October 2006 AS WITNESS: 1. __________________________ ______________________________ PLAINTIFF 2. __________________________ Signed at Pretoria on this the ____ day of October 2006. AS WITNESS: 1. __________________________ ______________________________ DEFENDANT 2. __________________________
SCENARIO ONE: Defective summons
No. RM2 SUMMONS COMMENCING ACTION (ORDINARY) Sued out by: Johannes Voet Attorneys Kirkness Street 431 Sunnyside Pretoria _______________________________________________ Signature of Plaintiff or his Attorney
You are hereby summoned that you do within 5 (five) 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: JILL HILL, an adult female pharmacist resident at 20 Queens Crescent, Lynnwood, Pretoria the Plaintiff herein, particulars whereof are endorsed hereunder. (1) Particulars: Plaintiff's claim against the Defendant is for: SEE PARTICULARS OF CLAIM ATTACHED HERETO The whole cause of action arose within the jurisdiction of the above Honourable Court. Wherefore Plaintiff prays for Judgment against the Defendant in the said sum, with costs. Costs if the action is undefended will be as follows: Summons Judgment R c R c Attorney's charges ................................................................. 142 50 108 30 Court fees .............................................................................. 20 00 Messenger's fees (to be added) ............................................. Messenger's fees on re-issue ................................................. ----------- ----------- Totals ..................................................................................... R R ----------- ------------ Total ..................................................................................... R ====== AND TAKE NOTICE THAT - (a) in default of your paying the amount of the claim and costs within the said period or of your delivering a notice of intention to defend you will be held to have admitted the said claim and the plaintiff may proceed therein and judgment may be given against you in your absence; (b) if you pay the said claim and costs within the said period judgment will not be given against you herein and you will save judgment charges. You will also save judgment charges if, within the said period, you lodge with the clerk of the aforesaid Court a consent to judgment; (c) if you admit the claim and wish to consent to judgment or wish to undertake to pay the claim in instalments or otherwise, you may approach the plaintiff or his attorney. Notice: Any person against whom a court has, in a civil case, given any judgment or made any order, and who has not, within 10 days, satisfied in full such judgment or order –
NOTICE:- (i) Any person against whom a court has, in a civil case, given judgment or made any order who has not, within 10 days, satisfied in full such judgment or order may be called upon by notice in terms of section 65A(1) of the Act to appear on a specified date before the court in chambers to enable the court to inquire into the financial position of the judgment debtor and to make such order as the court may deem just and equitable. (ii) If the court is satisfied that- (aa) the judgment debtor or, if the judgment debtor is a juristic person, a director or officer of the juristic person has knowledge of the above-mentioned notice and that he or she has failed to appear before the court on the date and at the time specified in the notice; or (bb) the judgment debtor, director or officer, where the proceedings were postponed in his or her presence to a date and time determined by the court, has failed to appear before the court on that date and at that time; or (cc) the judgment debtor, director or officer has failed to remain in attendance at the proceedings or at the proceedings so postponed, the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest the said judgment debtor, director or officer and to bring him or her before a competent court to enable that court to conduct a financial inquiry. (Section 65A(6) of the Act)
(aa) is called upon to appear before a court under a notice in terms of section 65A(1) or (8)(b) of the Act (where the sheriff, in lieu of arresting a person, hands to that person a notice to appear in court) and who wilfully fails to appear before the court on the date and the time specified in the notice; or (bb) where the proceedings were postponed in his or her presence to a date and time determined by the court, wilfully fails to appear before the court on that date and at that time; or (cc) wilfully fails to remain in attendance at the relevant proceedings or at the proceedings so postponed, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months. (Section 65(9) of the Act) (iv) On appearing before the court on the date determined in the notice in terms of section 65A(1) or (8)(b) of the Act in pursuance of the arrest of the judgment debtor, director or officer under a warrant referred to in section 65A(6) of the Act or on any date to which the proceedings have been postponed, such judgment debtor, director or officer shall be called upon to give evidence on his or her financial position or that of the juristic person and his or her or its ability to pay the judgement debt. [Section 65D of the Act] (v) Any person against whom a court has, in a civil case, given any judgment or made any order who has not satisfied in full such judgment or order and paid all costs for which he or she is liable in connection therewith shall, if he or she has changed his or her place of residence, business or employment, within 14 days from the date of every such change notify the clerk of the court who gave such judgment or made such order and the judgment creditor or his or her attorney fully and correctly in writing of his or her new place of residence, business or employment, and by his or her failure to do so such judgment debtor shall be guilty of an offence and liable upon conviction, to a fine or to imprisonment for a period not exceeding three months. [Section 109 of the Act] (2) Consent to judgment I admit that I am liable to the plaintiff as claimed in this summons (or in the amount of R and costs to date) and I consent to judgment accordingly. Dated at this day of 20 . Defendant________________________ Let wel: As die toestemming nie op die oorspronklike Dagvaarding wat geteken is of op die afskrif gegee word nie, moet dit onderteken word deur twee getuies wie se adresse aangedui moet word. *(3) Notice of intention to defend Kindly take notice that the defendant hereby notifies his intention to defend this action.
EXAMPLE 18 PARTICULARS OF CLAIM 1. The plaintiff is Jill Hill, an adult female pharmacist resident at 20 Queens Crescent, Lynnwood, Pretoria. 2. The defendant is Jim Swift, an adult male auditor resident at 7 Kingbolt Crescent, Wapadrand, Pretoria. 3. On 1 March 2006 and at the corner of King and Queen Avenues, Lynnwood, Pretoria a collision occurred between the plaintiff's vehicle and the defendant's vehicle, a Nissan Hardbody registration number ABC 123 GP. 4. The collision as aforesaid was caused by the negligence of the defendant in that he has: 4.1 failed to keep a proper look-out; 4.2 drove at a speed in excess of the speed limit. 5. As a result of the collision as aforementioned, plaintiff suffered damages in the amount of R20 000, being the fair and reasonable costs of repairing plaintiff's vehicle to its precollision condition. 6. Despite demand defendant fails or refuses to pay the aforementioned amount to plaintiff). WHEREFORE PLAINTIFF PRAYS FOR JUDGMENT AGAINST DEFENDANT FOR: a) Payment of R20 000 b) Interest on the above amount at 15,5% a tempore morae c) Cost of suit. Signed at Pretoria on this _______________day of _________________2006 _______________________________ Johannes Voet Attorneys Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
SCENARIO ONE: EXCEPTION EXAMPLE 19 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case Nr. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant ______________________________________________________________________________ NOTICE IN TERMS OF RULE 17(5)(c) ___________________________________________________________________________ Kindly take notice that defendant objects against plaintiff’s particulars of claim as it is vague and embarrassing due to the following reasons: a) It is unclear whether the plaintiff is the owner of the Toyota Corolla vehicle with registration number XYZ 456 GP; b) It is unclear whether the defendant drove the Nissan Hardbody vehicle with registration number ABC 123 GP at the time of the accident; c) It is unclear whether the plaintiff is of opinion that the accident was caused solely by the exclusive negligence of the defendant. Kindly further take notice that unless the cause of complaint is removed within 10 days from receipt of this notice, defendant will approach the abovementioned Honourable court and raise an exception against plaintiff’s particulars of claim. Signed at Pretoria on this _______________day of _________________2006 _______________________________ Gaius van Wyk Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria
Pretoria
AND TO: Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
_____ day of September 2006 ________________________________ Attorneys for Plaintiff
HELD AT PRETORIA Case Nr. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant ______________________________________________________________________________ Yüklə 1,13 Mb. Dostları ilə paylaş:
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