Appeal

Question 1

Your client is dissatisfied with a final judgment handed down orally in local mag court. Client instructs you to appeal the judgment

Does your client need to apply to the relevant magistrate for leave to appeal

Answer 1

No

Question 2

What amount of security must your client pay?

Answer 2

R1000.00

Question 3

May your client first ask the magistrate for written reasons?

Answer 3

Yes

Question 4

Which documents should accompany the request for an appeal hearing date to the registrar of the High Court

Answer 4

Copies of the record and Power of Attorney

Question 5

A magistrate has granted a judgment in favor of your client as the plaintiff. The defendant has delivered a notice of appeal, you believe that the defendant will be successful. Name two things you can do in order to try and save costs

Answer 5

1 Offer to settle on the basis that the claim is withdrawn and each party pays their own costs or

2 deliver a notice to abandon judgment (rule 51(11)(a))