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CIVIL PROCEDURE PRACTICE QUESTIONS PREP1

CIVIL PROCEDURE PRACTICE QUESTIONS PREP1

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Agnes Masiiwa
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34 views3 pages

CIVIL PROCEDURE PRACTICE QUESTIONS PREP1

CIVIL PROCEDURE PRACTICE QUESTIONS PREP1

Uploaded by

Agnes Masiiwa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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A MASIIWA

CIVIL PROCEDURE
PRACTICE QUESTIONS PREP1

2. List the different ways in which Magistrates Court process may


be served. (5 marks)

Order 7 rule 3

(a) by personal delivery to that person or to his duly authorized agent;

(b) by delivery to a responsible person at the residence or place of


business or employment of the person on whom service is to be effected
or at his chosen address for service;

(c) in the case of process other than a summons or an order of court, by


delivery to that person’s legal practitioner of record;

(d) in the case of process to be served on a body corporate, by delivery to


a responsible person at the body corporate’s place of business or
registered office; or if it is not possible to serve the process in terms of
subparagraph (i), by delivery to a director or to the secretary or public
officer of the body corporate;

(e) in the case of process to be served on a partnership, by delivery to a


responsible person at the partnership’s office or place of business; or if it
is not possible to serve the process in terms of subparagraph (i), by
delivery to any of the partners;

(f) in the case of process to be served on a syndicate, club, society,


church or other unincorporated association, by delivery to a responsible
person at the local office or place of business of the association; or by
delivery to the chairman or secretary or similar officer of the association.

20. What is “dies induciae”? (3)


It is the timeframe allowed for entering appearance to defend.
The timeframe is 7 days for someone in the jurisdiction of the court and
14 days for outside jurisdiction.

7. What principles guide the High Court when determining:-


i) An Application for Amendment of Pleadings. (5) slide no. 8
of session 2

In terms of Rule 132 amendment of pleadings is considered if the parties


fail to consent. The judge may allow either party to alter or amend his
pleadings, in such manner and on such terms as may be just, and all such
amendments shall be made as may be necessary for the purpose of
determining the real question in controversy between the parties.
So the principles of amendments is to determine the real question in
controversy.

Luxury Stores v Shamva Service Station 11983 (Pvt) Ltd


High Court exercises a discretion – but court is inclined to favour granting
of an application for amendment to ensure that justice is done by deciding
the real issue between the parties.

1. Court wants to determine the real issues


2. Good reason why other party wants to amend
3. Issue of costs
4. Amendment is not granted merely by asking for it

17. What do you do when you want to cause service of court


process and it has turned out to be impossible or impractical to
serve the process in any of the ways laid down in the Court rules?
(4)

In terms of the magistrate court rule 8, I would leave a copy of the


process in a letterbox at or affixed to or near the outer or principal door
of, or in some other conspicuous position at, the residence, place of
business or employment, address for service or office, as the case may
be.
The same way is provided in high court rule 40.

10. What is Substituted Service and under what circumstances do


you apply for it? (5)

This is when the court makes an order allowing service to be effected in


such manner or on such day or at such time as may be stated in such
order, including notice by advertisement in substitution for or in addition
to service upon evidence of that fact and that the action is within the
jurisdiction of the court.
It is a method used under the following circumstances:

 a summons for civil imprisonment; or


 an order made ex parte which calls upon the respondent to show
cause at a time stated or limited in the order
 an interpleader summons
 notice to a judgment debtor

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