Dies Induciae Flashcards
What is dies inducia?
It is the time limits in which defendant required to enter an appearance to defend
What is the time period for a defendant to deliver notice of intention to defend in Magistrate Court?
Rule 13(1) the period allowed in which the defendant must deliver notice of intention to defend is 10 court days from service of summons
How many days would you grant the following defendants to enter an appearance to defend in HC matter? The Minister of Trade and Industry in his official Capacity
20 Court Days
How many days would you grant the following defendants to enter an appearance to defend in HC matter? A defendants whose address falls outside the area of jurisdiction of the court from which summons was issued? Such address is 80km from registrars office
14 calendar days
May a defendant still enter an appearance to defend after dies expired?
Yes provided that default judgment has not yet been granted
The summons was served on Monday 19 December from which date will the dies start running?
From 16 January the next year
If the defendant was a partnership where can the summons be served?
On the partnership address alternatively on any partner
Would answer regarding serving be different if defendant was a trust?
Trustees, cite them as defendants and serve on every trustee
What period of time would you have to follow the defendant to enter an appearance to defend in a matter where he resides more than 150 km from the court where the summons was issued and outside the jurisdiction of the particular HC?
One month as provided for in S24 of the Superior Courts Act as the defendant is not resident within the area of jurisdiction of the court and the period prescribed in Rule 19(1) therefore does not apply.
What period of time must you allow in a HC summons for the defendants to enter appearance to defend in actions against:
a) Municipality
b) Government Department
c) Cabinet Minister in his official Capacity
a) 20 Court Days
b) 20 Court Days
c) 20 Court Days
Assume the defendant is the municipality of the city of CPT and the summons was issued outside the Westerncape HC, CPT. Draft notice of intention to defend in compliance with the relevant rule of court
Please take notice that defendant hereby gives notice of its intention to defend this action and hereby appoints the address of its attorneys, ABC of 10 Adderley Street, central Cape Town, where it will accept service of all pleadings, notices and other documents in this action.
Take Notice further that defendants business address is: City Hall, Cape Town.
Dated at Cape Town on this __ day of__
How many days are allowed in the HC for entering an appearance to defend where the address of service falls outside the courts jurisdiction and is 500km from the seat of the court?
Twenty one calender days, first day excluded, last day included but if the last day falls on a public holiday or Sunday, such day is excluded and the following day included
