Pleadings
SIGNED at PRETORIA on this ____________ day of
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- Bu səhifədəki naviqasiya:
- AFFIDAVIT
- DEFENDANTS PLEA
- Ad paragraph 6 thereof
- PART III
- AND TAKE NOTICE THAT
SIGNED at PRETORIA on this ____________ day of _______________________________________________ APPLICANT’S ATTORNEYS ADDRESS
PRETORIA
ADDRESS
EXAMPLE 62 IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) CASE NR 50/2000 In the matter between BETTY BUTCHER APPLICANT and BILLY BUTCHER RESPONDENT ___________________________________________________________________________ AFFIDAVIT___________________________________________________________________________ I, the undersignedBETTY BUTCHERHereby make oath and declare as follows: 1. I am the applicant in this matter, an adult female nurse resident at 30 Lockshoe Street, Wapadrand, Pretoria 2. The respondent is Billy Butcher, an adult male medical doctor, resident at 20 Watent Crescent, Wapadrand, Pretoria. 3. The respondent and I are domiciled within the jurisdiction area of this Honourable Court. 4. The respondent and I were married to each other in community of property in Pretoria on 10 May 1995, which marriage still subsists. 5. From the above marriage, two minor children were born:
6. On 5 January 2000 I issued a divorce summons against respondent in the above Honourable Court, under case number 40/2000. Respondent has since given notice of intention to defend and I am currently awaiting his plea. At the hearing of this application the pleadings in the divorce matter will be made available to this Honourable Court. 7. The deterioration of the marriage relationship between myself and respondent has reached such a degree that there are no prospects of restoration of a normal marriage relationship. The reasons therefore are evident from the particulars of claim to the divorce summons as referred to above. I therefore submit that my marriage relationship with the respondent has broken down irretrievably in terms of section 4(1) of the Divorce Act nr 70 of 1979 and it is my intention to proceed with the divorce action. 8. The respondent is a man of means and we maintained an above average living standard. In order to enable the court to determine the respondent’s financial position, I refer this Honourable Court to the following:
(b) The respondent is the owner of a fully paid-up Mercedes Benz E 280 which has a market value of R200 000. (c) The respondent is the owner of an unbonded property situate at 20 Watent Cresent, Wapadrand, which property is valued at R750 000. (d) All our domestic expenses, which included frequent dining out and relaxation at luxurious guest houses and spas, were paid for by respondent. The running cost of the aforesaid amounted to approximately R20 000 per month.
(b) I left the common house in Watent Crescent, Wapadrand shortly after having issued the divorce summons as aforesaid. I am currently renting a three bedroomed townhouse in Lockshoe Street, Wapadrand which I rent at a monthly rental of R3 000. The townhouse belongs to a friend of mine who is letting it to me at a very reasonable rate due to our friendship relationship. My two children are living with me and are at day care while I work. (c) I am the owner of a 1997 Toyota Tazz with market value of R40 000.
(e) As indicated above my children live with me and I have to make provision for their maintenance and care which include food, clothing and day care. (f) My monthly expenditure amount to the following: Rent 3 000 Petrol 500 Day care for children 800 Clothing (myself) 400 Clothing (children) 400 Medical expenses 400 Groceries 3 000 Telephone 400 Insurance 500 Motor and electricity 500 Recreation and sundry expenses 500 10 400
10. I have requested the Respondent to make a contribution toward the aforesaid expenses but he indicated to met that I am a leech and that I can wait until the Divorce court determines the amount of maintenance that he should pay for the children. The respondent’s behaviour is very unacceptable but it is my opinion that he is merely angry at the fact that I have decided to proceed with the divorce and move from the common home. 11. I submit that in view of the aforementioned it is clear that I need the amount of R6 000 as maintenance pendente lite for myself and my two children. I furthermore submit that the respondent is in a financial position to pay the said amount. I also need a contribution to my legal costs in the amount of R10 000. I therefore humbly request the above Honourable Court to grant an order in the following terms: (a) That the respondent pay maintenance of R6 000 per month for myself and our children pendente lite beginning on the 1st day of March 2000 and thereafter on or before the 1st day of each consecutive month
(c) Further and/or alternative relief ___________________ BETTY BUTCHER Signed and sworn to on this ____________ day of _____________ the deponent having acknowledged that she knows and understands the contents of this affidavit and that she has no objection against taking the prescribed oath, which oath she regards us binding on her conscience. ___________________________ COMMISSIONER OF OATHS EXAMPLE 63 IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION)
In the matter between BETTY BUTCHER APPLICANT and BILLY BUTCHER RESPONDENT ___________________________________________________________________________ DEFENDANT'S PLEA___________________________________________________________________________ Kindly take notice that defendant pleads as follows to plaintiff's particulars of claim: 1. Ad paragraph 1, 2, 3, 4 and 5 thereof The contents of these paragraphs are admitted 2.
Defendant admits the contents of this paragraph.
Ad paragraph 7 thereofDefendant denies the allegations in this paragraph and that the marriage relationship between the parties broke down irretrievably. Wherefore defendant prays that plaintiff's claim be dismissed with costs. Signed at _________________________ on _________________________ __________________________ Defendant's Attorney ADDRESS
ADDRESS
PROVISIONAL SENTENCE THEORY: PROVISIONAL SENTENCE : CHEQUE The following necessary allegations must be made:
(A copy of the face and reverse sides of the cheque must be attached to the summons) EXAMPLE 64
IN THE MAGISTRATE`S COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA In the matter between: CONCORDIA (PTY) LTD PLAINTIFF and
MR HORRIBLE HARRY DEFENDANT To: MR HORRIBLE HARRY, an adult builder t/a Mainman Builders at 11 Block Avenue, Lyttelton, Pretoria, Gauteng, at which address the defendant is also resident 1) You are hereby summoned to immediately after service of this summons pay to the hereinmentioned plaintiff an amount of R50 000 together with interest calculated at 15,5% p.a. from 13 December 2001 and costs. Plaintiffs claim against defendant for payment of the abovementioned amount is for: As set out on Annexure attached hereto 2) On default of payment, you are hereby called upon to appear personally or by legal practitioner before Court 32A, Pretoria, on _______________________ at 09h00 (or as soon thereafter as the matter may be heard) in order to admit or deny your liability with regard to the above claim; 3) If you deny liability, you must not later than _____________________ file an affidavit with the clerk of the court of which you must serve a copy on the plaintiff or his attorney at the address as set out in the summons wherein you must mention the grounds of your defence to the claim and you must specifically mention whether you admit or deny that it is your signature or the signature of your agent that appears on the said cheque, and if it is the signature of your agent, whether you admit or deny the agent’s authority. You are further notified that if you do not immediately pay the aforementioned amount and interest to the plaintiff and if you also fail to file an affidavit as mentioned above and fail to appear before this court in the above specified time, provisional sentence will forthwith be granted against you with costs but that against payment of the said amount, interest and costs, you will be entitled to demand security for the restitution thereof if the said sentence is thereafter reversed. Costs if the action is undefended will be as follow:
AND TAKE NOTICE THAT –
NOTICE – (i) Any person against whom a court has, in a civil case, given any 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 -
or
the court may, at the request of the judgment creditor or his or her attorney, authorize 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] (iii) Any person who - (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 at 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 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 65A(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 judgment debt. [Section 65D of the Act]
Kindly take notice that the defendant is liable to the plaintiff as claimed in this summons Dated at ........................ this ....................day of ............................20……….. ................................................. Defendant
To: THE CLERK OF THE COURT Kindly take notice that the defendant denies liability and that his affidavit setting forth the grounds upon which he disputes liability is attached hereto. Dated at ........................... this.......................day of.............................. 20……………. ................................................. Defendant/Defendant’s attorney ……………………………………………………. (Address where service of process and documents shall be accepted) …………………………………………………….. (Postal address) _______________________________________
[Form 2A inserted by GN R498 of 1994, as corrected by GN R710 of 1994, and amended by GN R910 of 1998.]
The Plaintiff is Concordia Concrete (Pty) Ltd, a private company with limited liability duly incorporated in terms of the Companies Act 76 of 1973 of the Republic of South Africa with registered office and main place of business at 5 ANDRIES STREET, PRETORIA, GAUTENG. 2 The Defendant is Horrible Harry an adult male builder t/a Mainman Builders at 11 BLOCK AVENUE, LYTTELTON, PRETORIA, GAUTENG. 3 The Plaintiff is the holder for value of a cheque in the amount of R50 000 dated 1 DECEMBER 2000 drawn by Defendant in favour of Plaintiff on the Cantonment Road Branch of Absa Bank and delivered by Defendant to Plaintiff. 4 The Plaintiff duly presented the cheque for payment at the said branch but the cheque was not paid out by the bank and was dishonoured due to insufficient funds in Defendant's account. 5 In terms of the Provisions of Section 48 of the Negotiable Instruments Act nr 34 of 1964 the Plaintiff is exempted from any obligation to give notice of refusal as the bank was not obliged to pay out the said cheque due to insufficient funds. 6 The cause of action wholly arose within the jurisdiction area of the above honourable court. WHEREFORE the Plaintiff claims for judgment against Defendant in the following terms:
b Interest on the above amount calculated at 15.5% per annum from 3 December 2001 being the date on which Plaintiff presented the cheque for payment. c Costs of suit.
NAGEL INCORPORATED 431 BOOM STREET SUNNYSIDE PRETORIA
and
b) is in possession of Fidelity Insurance. 2. A mandate to find a buyer or seller The general rule is that the seller is liable for payment if commission even if the mandate is silent about same. 3. Specific performance of the mandate This entails the following: a) Material compliance with the provisions of the mandate; b) Introduction of a willing and able buyer; c) Conclusion of a binding contract; d) The introduction by the agent of the buyer to the seller must be the effective cause of the conclusion of the contract. 4. That agent's commission is payable Yüklə 1,13 Mb. Dostları ilə paylaş:
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