Shortcut Judgments Flashcards
(9 cards)
List shortcut judgments available to obtain judgment before matter goes to trial
- default judgment
- summary judgment
- confession of claim or consent to judgment
When may you apply for DJ?
Plaintiff may apply for DJ against Defendant fails either to:
- enter appearance to defend within time set out in summons
- fails to appear at trial
When may you apply for summary judgment?
Plaintiff only apply for summary judgment together with any claim for interest and costs if the claim is
- based on a liquid document
- delivery of specified movable property
- based on liquid amount in money
- for ejectment
You do so by way of application. the notice of the application must be supported by an affidavit deposed to by plaintiff himself or by any other person who can positevely swear to the facts
What documents must you file to enable you to obtain DJ?
- Original Summons
- Original Return of Service
- Original and one copy of request for Default Judgment
- Damages affidavit by expert
What must the damages affidavit attached to request for DJ set out?
- description of the deponent, qualifications qualifying him as expert as well as experience in the relevant field
- examination of particular object or circumstances and assessed repair costs or compared damages found to an existing quotation
- that he complies annexure or confirms existing quotation
- opinion that total amount if fair and reasonable
- gives opinion that the cost of repair is less than the difference between the pre accident value and post accident value
What is the options available to overcome Summary Judgment available to the defendant?
The defendant must give security to the plaintiff to satisfaction of clerk of the court for any judgment including costs as may be given
The defendant must satisfy the court by an affidavit that the defendant has a bone fide defence to the action
What is the relevant provisions pertaining to summary judgment?
Rule 32 of HC and Rule 14 of Magistrate Court
Virtually identical
What is a interpleader notice?
Interpleader procedure enables a party who is or may be the subject of adverse claims by two or more parties to have competing claims decided between the claimants. The need for such procedure arises following the attachment of goods in terms of a writ of warrant of execution.
The defendants wife alleges that she is the owner of goods that you have attached pursuant to a judgment. You dispute her claim. What is the name of the procedure that you may take
Interpleader Proceedings
