HIGH COURT RULES

Question 1

What is rule 18?

Answer 1

Rules relating to pleadings generally.

Question 2

What is rule 18(5)?

Answer 2

When in any pleading a party denies an allegation of fact in the previous pleading of the opposite party, he or she shall not do so evasively, but shall answer the point of substance.

Question 3

What is rule 18(12)?

Answer 3

If a party fails to comply with any of the provisions of this rule, such pleading shall be deemed to be an irregular step and the opposite party shall be entitled to act in accordance with rule 30.

Question 4

What is rule 30 about?

Answer 4

Irregular proceedings.

Question 5

What does rule 30(1) hold?

Answer 5

A party to a cause in which an irregular step has been taken by any other party may apply to court to set it aside.

Question 6

What is rule 19 about?

Answer 6

NOI to Defend.

Question 7

What does rule 19(1) hold?

Answer 7

Barring a claim in reconvention, the defendant in every civil action shall be allowed 10 days, after service of summons on such defendant, within which to deliver a notice of intention to defend, either personally or through an attorney: Provided that the days between 16 December and 15 January, both inclusive, shall not be counted in the time allowed within which to deliver a notice of intention to defend.

Question 8

What is rule 22 about?

Answer 8

Plea.

Question 9

What does rule 22(1) hold?

Answer 9

Where a defendant has delivered notice of intention to defend, he shall within 20 days after the service upon him of a declaration or within 20 days after delivery of such notice in respect of a combined summons, deliver a plea with or without a claim in reconvention, or an exception with or without application to strike out.

Question 10

What is rule 24 about?

Answer 10

Claim in reconvention.

Question 11

What is rule 25 about?

Answer 11

Replication and plea in reconvention.

Question 12

What does rule 25(1) hold?

Answer 12

Within 15 days after the service upon him of a plea and subject to sub-rule (2) hereof, the plaintiff shall where necessary deliver a replication to the plea and a plea to any claim in reconvention, which plea shall comply with rule 22.

Question 13

What is rule 29 about?

Answer 13

Close of pleadings and notice of set down of trials.

Question 14

What is rule 23 about?

Answer 14

Exceptions and applications to strike out.

Question 15

What is rule 35 about?

Answer 15

Discovery, inspection and production of documents.

Question 16

What does rule 35(1) hold?

Answer 16

Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within 20 days of all documents and tape recordings relating to any matter in question in such action (whether such matter is one arising between the party requiring discovery and the party required to make discovery or not) which are or have at any time been in the possession or control of such other party. Such notice shall not, save with the leave of a
judge, be given before the close of pleadings.

Question 17

What is rule 37?

Answer 17

Pre-trial conference.

Question 18

What does rule 23(1) deal with?

Answer 18

Exceptions.

Question 19

What does rule 23(2) deal with/

Answer 19

Application to strike out.

Question 20

What does rule 30 deal with?

Answer 20

An irregular step.

Question 21

Which rule sets out the procedure to set aside an irregular step?

Answer 21

Rule 30(2)-(4).

Question 22

What does rule 30A deal with?

Answer 22

Noncompliance with the rules.

Question 23

What does rule 27 deal with?

Answer 23

Extension of time, removal of bar and condonation.

Question 24

What does rule 28 deal with?

Answer 24

Amendment of pleadings.

Question 25

What is the difference between rule 30 and rule 30A?

Answer 25

Rule 30A deals with:
1. All types of noncompliance with the rules generally
2. Purpose is to enforce compliance with a rule that has not been followed.

Question 26

What is rule 31?

Answer 26

Judgment on confession and by default and rescission of judgments.

Question 27

What is rule 39(3)?

Answer 27

Failure on the part of the plaintiff to appear at trial.

Question 28

What is rule 26?

Answer 28

Failure to deliver pleadings- barring.

Question 29

What is rule 27?

Answer 29

Extension of time and removal of bar and condonation.

Question 30

What is rule 32?

Answer 30

Summary judgment.

Question 31

What is rule 43?

Answer 31

Interim relief in matrimonial matters.