Pleadings
AFFIDAVIT IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENT IN TERMS OF RULE 12(4)
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- Bu səhifədəki naviqasiya:
- JILL HILL
- EXAMPLE 26 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL
- EXAMPLE 27 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL
- POINT IN LIMING
- Where plaintiff is a company, defendant would be able to request security for costs EXAMPLE 30
- REQUEST FOR SECURITY FOR COSTS IN TERMS OF RULE 62(1) OF ACT 32 OF 1944
- EXAMPLE 31 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL
- EXAMPLE 32 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL
- SCENARIO SEVEN: NOTICE OF APPEAL EXAMPLE 33
- THE ACTION PROCEDURE IN THE HIGH COURT a) FRAMEWORK
- I.r.o. 4
- (1) DAMAGES ACTION IN THE HIGH COURT EXAMPLE 34
AFFIDAVIT IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENT IN TERMS OF RULE 12(4)___________________________________________________________________________ I, the undersigned SPANNER KOEKEMOER hereby state under oath as follows: 1. I am an adult male panelbeater that obtained my N3 Certificate in Panelbeating in 1980 and has worked as panel beater for my own account at "Spanner in the Works”, 10 Rose Ave, Mayville, Pretoria since 1981. 2. I have 25 (Twenty Five) years experience in the repairs of petrol driven vehicles of various nature and is also acquainted with the costs of spares and related items and the standard tariffs for panelbeating labour and I am therefore competent to depose to this affidavit, the contents which fall in my personal knowledge and expertise. 3. On 1 March 2006 I inspected the Plaintiff's vehicle, a Toyota Corolla, Registration Number XYZ456GP and found the following damage thereto, which damage, in my expert opinion, is consistent with damage sustained in a motor vehicle accident: 3.1 Front passenger door damaged beyond repair; 3.2 Damage to rear passenger door; 3.3 Damage to midpanel between two passenger doors.
In accordance with my expert knowledge regarding repairs, cost of labour, prices of spares and related items, it is my 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
________________________ Deponent 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.
SIGNATURE FULL NAMES: CAPACITY: AREA: BUSINESS ADDRESS: SCENARIO THREE: EXAMPLE 25 Application for summary judgment and opposing affidavit IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between:
______________________________________________________________________________ APPLICATION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Kindly take notice that Plaintiff intends to apply to court on _________________at 09:00 or as soon thereafter as counsel for the Plaintiff may be heard, for an order against Defendant in the following terms: 1. Summary judgment in the amount of R20 000,00; 2. Interest on the above amount at 15,5% a tempore morae; 3 . Cost of suit.
Johannes Voet Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
TO: The Clerk of the Court Pretoria
AND TO: Gaius Van Wyk Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria Received copy hereof on this the _____ day of ________________ 2006 ________________________________ Attorneys for Plaintiff
HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant ______________________________________________________________________________ SUPPORTING AFFIDAVIT ______________________________________________________________________________ I, the undersigned, JILL HILL hereby make oath and declare as follows: 1. I am the Plaintiff in this matter and can swear positively to the facts contained herein which facts fall within my personal knowledge and are true and correct. 2. I confirm that the cause of action and the amount as set out in the Summons are correct. 3. I verily believe that the Defendant does not have a bona fide defence and has merely entered an appearance to defend for purposes of delay. ____________________________ DEPONENT THUS SWORN AND SIGNED TO BEFORE ME, AT ___________________ ON THIS THE _______ DAY OF _____________________________ the Deponent having acknowledge that he knows and understands the contents of this affidavit and that he considers the oath to e binding on his conscience. ______________________________ COMMISSIONER OF OATHS
HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant _____________________________________________________________________________ OPPOSING AFFIDAVIT _____________________________________________________________________________ I, the undersigned, JIM SWIFT herewith make oath and declare as follows: 1. I am the Defendant in the above matter and the facts contained herein fall within my personal knowledge and are true and correct. 2. I have read the affidavit by the Defendant and wish to reply thereto as follows: 2.1 POINT IN LIMING I am advised by my legal representative that the Plaintiff's claim is for an unliquidated amount for damages allegedly suffered and does not fall within the scope of application of the Summary Judgment remedy. Argument on this issue will be advanced at the hearing of the application for Summary Judgment. 2.2 AD DEFENCE I confirm that I indeed have a bona fide defence to Plaintiff's claim and that I have not entered an appearance to defend merely for purposes of delay. 2.2.1 The nature and grounds of my defence are that I deny that I was negligent and thus I also deny that I caused the plaintiff’s damages. My defence is that the negligent conduct of the plaintiff was the sole cause of the accident because she failed to keep a proper look-out in the wet and unpleasant weather circumstances on the appropriate day and also drove at an unreasonably high speed. 2.3 AD COUNTERCLAIM As a result of plaintiff's negligence as aforesaid I have a bona fide counterclaim for R10 000,00, being the fair, reasonable and necessary costs of repairing my vehicle to its pre-collision condition. ______________________________ DEPONENT THUS SWORN AND SIGNED TO BEFORE ME AT ___________________ ON THIS THE _______ DAY OF _____________________________ the Deponent having acknowledge that he knows and understands the contents of this affidavit and that he considers the oath to be binding on his conscience. ______________________________ COMMISSIONER OF OATHS CAPACITY: ADDRESS
SCENARIO FOUR: Where defendant request copies of accounts and documents in terms of rule 15(1) EXAMPLE 28
HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant _____________________________________________________________________________ NOTICE IN TERMS OF RULE 15(1) _____________________________________________________________________________ Kindly take notice that Defendant requests Plaintiff to furnish copies of all or any accounts or documents upon which the action is based to Defendant within 10 (ten) days after receipt hereof. Signed at Pretoria on this the ___ day of ________________ 2006 _________________________ Gaius Van Wyk Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria (REF: G VAN WYK) TO: The Clerk of the Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria
Received copy hereof on this the _____day of ____________ 2006. __________________________ Attorneys for Plaintiff EXAMPLE 29 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant _____________________________________________________________________________ PLAINTIFF’S REPLY TO DEFENDANT’S REQUEST IN TERMS OF RULE 15(1) _____________________________________________________________________________ Kindly take notice that due to the fact that plaintiff’s action is based on a motor vehicle collision, there are no accounts or documents upon which the action is based. Signed at Pretoria on this the ___ day of ________________ 2006 _________________________ Gaius Van Wyk Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria
(REF: G VAN WYK) TO: The Clerk of the Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria Received copy hereof on this the _____day of ____________ 2006.
SCENARIO FIVE: Where plaintiff is a company, defendant would be able to request security for costs EXAMPLE 30 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA
In the matter between: JILL HILL (PTY) LTD Plaintiff and JIM SWIFT Defendant _____________________________________________________________________________ REQUEST FOR SECURITY FOR COSTS IN TERMS OF RULE 62(1) OF ACT 32 OF 1944 _____________________________________________________________________________ Kindly take notice that Defendant herewith requests that Plaintiff furnish to Defendant security for the costs of this action in the amount of R5 000,00 as the Plaintiff is an uncorporated company. Signed at Pretoria on this the ___ day of _____________ 2006 _______________________________ Gaius Van Wyk Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria TO: The Clerk of the Court Pretoria
Attorneys for Plaintiff 431 Kirkness Street Sunnyside Pretoria Received copy hereof on this the _____ day of ________________ 2006
Attorneys for Plaintiff EXAMPLE 31 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL PLAINTIFF - RESPONDENT and JIM SWIFT DEFENDANT - APPLICANT ______________________________________________________________________________ NOTICE IN TERMS OF RULE 62(2) ______________________________________________________________________________ Kindly take notice that Applicant intends to apply to the abovementioned Court on _________________at 09:00 for an order in the following terms: a. That Respondent's action against Applicant be dismissed with costs due to Respondent's failure to furnish security for Applicant's costs in accordance with the requested dated ________________. b. That Respondent be ordered to pay the costs of this application. Signed at Pretoria on this the ___ day of __________________ 2006 _______________________________ Gaius Van Wyk Attorneys for Applicant 10 Kirkness Street Sunnyside Pretoria TO: The Clerk of the Court Pretoria
Attorneys for Respondent 431 Kirkness Street Sunnyside Pretoria Received copy hereof on this the _____ day of _______________ 2006
Attorneys for Respondent SCENARIO SIX: Where a party requests reason for the judgment and decides to appeal EXAMPLE 32 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant ______________________________________________________________________________ REQUEST FOR REASONS FOR JUDGMENT I.T.O. RULE 51 ______________________________________________________________________________ Be pleased to take notice that the Plaintiff in the above case hereby requests that the Honourable Magistrate Z, within 15 (Fifteen) days from receipt hereof, hand to the Clerk of the Court a written judgment in respect of the trial of the above case that took place on _______________ 2006, which judgment will form part of the record and must show: a) the facts he found to be proved and
b) his reasons for judgment. Dated at Pretoria on this the ____ day of __________________ 2006 ________________________________ Attorneys for Plaintiff Johannes Voet 431 Kirkness Street Sunnyside Pretoria
TO: The Clerk of the Court Pretoria
Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria
Received copy hereof on this the day of __________________ 2006 _________________________________ Attorneys for Defendant SCENARIO SEVEN: NOTICE OF APPEAL EXAMPLE 33 IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA HELD AT PRETORIA Case No. 1/2006 In the matter between: JILL HILL Plaintiff and JIM SWIFT Defendant ______________________________________________________________________________ NOTICE OF APPEAL ______________________________________________________________________________ Kindly take notice that Plaintiff herewith notes an appeal to the Transvaal Provincial Division of the High Court against the whole of the judgment delivered by the Honourable Magistrate Z on _____________________in the above matter. Further take notice that the appeal is based upon the following legal and factual grounds: 1. The honourable magistrate has erred by finding that the plaintiff did not prove his case, for the following reasons:
Signed at Pretoria on this the ____ day of _________________ 2006 _____________________________ Attorneys for Plaintiff Johannes Voet 431 Kirkness Street Sunnyside Pretoria
Pretoria
Attorneys for Defendant 10 Kirkness Street Sunnyside Pretoria
Received copy hereof on this the day of _________________ 2006
Attorneys for Plaintiff PART II THE ACTION PROCEDURE IN THE HIGH COURT a) FRAMEWORK Plaintiff issues Combined Summons (1) Sheriff serves (2) Combined Summons on Defendant Defendant serves Notice of Appearance to Defend (3) Defendant delivers Plea (4) and Counterclaim (5) Plaintiff delivers Replication (6)and Plea to Counterclaim (7) CLOSE OF PLEADINGS b) INTERIM STEPS THAT THE PARTIES CAN CONSIDER DURING THE PLEADING PHASE IN THE HIGH COURT: I.r.o. 3: Plaintiff can consider: - Summary Judgment
Defendant can consider: - Rule 30
- Special Plea I.r.o. 4: Plaintiff can consider: - Notice of Bar (if Plea is late) - Rule 30
I.r.o. 5: Plaintiff can consider: - Exception - Rule 30 - Security for Costs I.r.o. 6: Defendant can consider: - Rule 30 - Exception
Defendant can consider: - Notice of Bar (if Plea is late)
IN THE HIGH COURT OF SOUTH AFRICA TRANSVAAL PROVINCIAL DIVISION
(hereinafter referred to as “the patient”) for the appointment of a curator ad litem _____________________________________________________________________________ Yüklə 1,13 Mb. Dostları ilə paylaş:
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