Ex parte application notice ( short notice )

IN THE REGIONAL COURT FOR THE REGIONAL DIVISON OF

NORTH WEST DIVISION HELD AT MANIKENG
CASE NUMBER: NWIRC/MHK 25/2023
In the Ex-parte application:

NAME APPLICANT
(identity numbers)

And
NAME (identity number) RESPONDENT

BE PLEASED TO TAKE NOTICE that application will be made in the above Honorable Court on ………………
2023 at 14:00 or as soon thereafter as counsel for the Applicant may be heard for an order
in the following terms :

1. That the Applicants possession of the assets situated at XXXXXXXXXXXXXXXXXX at the property restored in
the Following manner;
1.1 That the Responder be ordered to grant the Applicant the undisturbed possession of the assets
immediately.
1.2 In the alternative if the Respondent fails to do the above mentioned as in paragraph 1.1, the Sherriff be
authorized to:
1.2.1 Open the premises in order to grant the Applicant the undisturbed possession of the assets by any means
necessary .
1.3 That the Respondent be ordered not to commit any act of spoliation toward the applicant , or to enlist the help
of any third party to commit eny act of Spoliation towards the Applicant;

2. cost of suit if opposed

3 . Further and/or alternative relief

KINDLY FURTHER TAKE NOTICE that the affidavit of (APPLICANT) attached hereto will be used in support of
this application .
DATED at ……………………… on this ….day of ………. 2023

………………………………………………
Attorney of the Applicant
Address

TO: THE REGISTRAR OF THE COURT

MAHIKENG
BY НАND

AND TO: THE RESPONDENT

ADRESS
BY SHERIFF
 Court order Nisi
IN THE RECIONAL COURT FOR THE REGIONAL DIVISON OS

NORTH WEST DIVISION HELD AT MAHIKENG

CASE NUMBER: NWRC/MK 25/2023

Ln the ex- parte application

NAME

(Identity number:) APPLICANT

And

NAME

(identity number ) RESPONDENT

Court order NISI

IT IS ORDERED THAT:

1. Applicant's possession of the assets situated at xxxxxx at the property in the following manner :

1.1 That the Respondent is ordered to grant the Applicant the undisturbed possession immediately

1.2 In the alternative if the Respondent fails to do the above mentioned as in paragraph 1 1, that the sheriff

Be authorized to

1.2.1 Open the premises in order to grant the applicant the undistributed possession of the assests by any means
necessary .

1. 3 That the Respondent be ordered not to commit any act of spoliation toward the Applicant, or to enlist

hep of any third party to commit any act of Spoliation towards the Applicant

2 cost of suit if opposed

3 further and / or alternative relief .

4. That the application be set down for hearing on the Motion Court Roll of the Above Honorable at …………on
…….. day of ………… 2023 at 09:00 or as soon thereafter as the matter may be heard .

5. That should the Respondent fail to avail himself/herself to appear in court on the date referred to in paragraph
4 above, the above Honourable Court may in is discretion consider the Applicants application in absences of the
respondent .
…………………………………………………….

MAGISTRATE

ORDER PREPARED BY

ATTORNEY FOR THE APPLICANTS

 Affidavat
I, the undersigned xxxxxxxxxxx , ID ( number )

Hereby declare under oath as follows:

1.

Introduction

1.1 I am an unemployed female currently residing at xxxxxxxxxxx

1.2 I am the applicant in the matter
1.3 The respondent in the matter is xxxxxxxxx
1.4 The facts stated here are within my personal knowledge unless expressly stated otherwise, and
are true and correct.
2.

Facts and background

2.1
2.2
2.3

3.
The matter is urgent by the nature and cannot be rectified by the court at a later date due to the
following :

3.1 The conduct of the respondent has infringed on my right to peaceful and undisturbed right of my
property and
3.2 As result of the respondents actions I have no access to ……………..

4.
In the following circumstances I seek the following relief

4.1 An order to compel the respondent to ………..

5.
The light of the facts , I submit that I am entitled to the relief sought in the notice of motion to which
the affidavit is annexed .

6.
I accordingly pray for the and order in terms of the notice of motion .
Date at Potchefstroom on this ……….. day of ………. 2023

Signature of applicant ……………..

Name
 NOTICE OF INTENTION TO OPPOSE
IN THE REGIONAL COURT FOR THE REGIONAL DIVISON OF
NORTH WEST DIVISION HELD AT MANIKENG
CASE NUMBER: NWIRC/MHK 25/2023
In the matter between :

NAME APPLICANT
(identity numbers)

And
NAME (identity number) RESPONDENT

KINDLY TAKE NOTICE THAT & IS intention Of the Respondent to oppose the above application .

KINDLY TAKE FURTHER NOTICE THAT the Respondent appoints the address of her attorney reflected
herein below as the address of which she will accept service of all future documents and for court
process herein.
DATED at POTCKEPSTROOM on this …………. day of …………… 2020

……………………………………..
Attorney of the respondent
Address

TO ; The registrar
High Court
Mahikeng
By hand

To ; The attorneys
Attorneys of the applicant
1 Pieter Mhala Road
Mahikeng
By hand
Notice of motion

IN THE REGIONAL COURT FOR THE REGIONAL DIVISON OF

NORTH WEST DIVISION HELD AT MANIKENG
CASE NUMBER: NWIRC/MHK 25/2023
In the matter between :

NAME APPLICANT
(identity numbers)

And
NAME (identity number) RESPONDENT

Notice of motion
TAKE NOTICE that ……… hereafter called the applicant intends to make application for this
honourable court for an order in the following terms .
1……………………………..
2……………………………..

1. That the respondent be ordered to pay the costs of the application , only in the event of it
being opposed and
2. Further and/or alternative relief

TAKE FUTHER NOTICE that the founding affidavit of …………, with the annexures thereto including the
confirmatory affidavits of ……….., all of which are annexed hereto , will be used in support of this
application .

TAKE FURTHER NOTICE that the applicant has appointed ……….. Attorneys with the particulars set
out below , at which the applicant will accept notice and service of all process in these proceedings .

TAKE FUTHER NOTICE that if the respondent intents / respondents intents opposing the application
the respondent is /the respondents are required to

a. Notify the applicant in writing on or before …………… and

b. Within … days after you have so given your notice of your intention to oppose the
application , to file your answering affidavit , if any .
TAKE FURTHER NOTICE that you are required to appoint in such notification of the intention to
oppose an address at which you will accept notice and service of all documents in these proceedings
.

TAKE FURTHER NOTICE that id no such notice of intention to oppose is given , the applicant will be
made on the ……. At 10;00 or as soon thereafter as the matter may be heard .

Dated at ……………… on the …………… day of ……………. 2023 .

 (sgd.)
Attorneys
Attorney for applicant
Address

TO : THE CLERK OF COURT

AND TO : RESPONDENT
Address
SUMMONS COMMENCING ACTION
IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF NORTH
WEST HELD AT POTCHEFSTROOM/ PRETORIA

CASE NO. 1245

In the matter between:

MARIA PIETERS Plaintiff
(BORN: STEWARD)
(ID: 8108205381 08 2)

AND

JACOBUS PIETERS FIRST DEFENDANT

(ID: 790420 0234 08 6)

GOVERNMENT EMPLOYEE PENSION FUND SECOND DEFENDANT

To the Sheriff or his/her deputy:

INFORM JACOBUS PIETERS (ID: 9903567890654) an adult male by occupation State Prosecutor at
Magistrate's Court in PRETORIA, residing at 12 Monica Avenue, PRETORIA (herein after referred to as
the First Defendant); and

GOVERNMENT EMPLOYEE PENSION FUND a Juristic entity governed by the Government Employee
Pension Fund Pension Law of 1996, as amended and a pension fund as contemplated in Section 1 (1)
Act 24 of 1956 and registered terms of the Act and primary place of business at 34 Hamilton Street,
PRETORIA, joined in this action as an interested party in terms of the relief sought against the First
Defendant (hereinafter referred to as the Second Defendant). With the exception of the
endorsement to be made against the Second Defendant as asked in prayer 3, no relief is asked
against the Second Defendant.

THAT MARIA PIETERS (BORN: STEWARD) (ID: 810820 5381 08 2) an adult female by occupation an
administrative assistant at Potchefstroom Primary School, Potchefstroom and resides at 19 Retief
Street Potchefstroom ( hereinafter referred to as the plaintiff )

INFORM the Defendants further that if Defendants disputes the claim and wishes to defend the
action the Defendants shall within 10 (TEN) days of the service upon the Defendants of this
summons file with the registrar of this court at (set out the physical address and electronic mail
address of the registrar of the court)notice of the Defendants intention to defend and serve a copy
thereof on the Plaintiffs attorney. which notice shall give an address referred to in rule 13(3) for the
service upon the Defendants of all notices and documents in the action;

THEREAFTER, and within 20 (TWENTY) after filing and serving notice of intention to defend as
aforesaid, file with the clerk of the court and serve upon the plaintiff or plaintiffs attorney a plea
(with or without a counter-claim [sic], or an exception or application to strike out in the manner and
within the timeframes provided for in rule 19.
INFORM the Defendants further that if the Defendants fail to file and serve notice as aforesaid,
judgment as claimed may be given against the Defendants without further notice to the Defendants,
or if, having filed and served such notice, the Defendants fails to plead, except or to counterclaim,
judgment may be give against the defendants .

INFORM the Defendants also that if the Defendants do not intend to defend the action, the
Defendants may give written notice to that effect to the Plaintiff and the registrar and the action
may then, at the written request of the Plaintiff, be forthwith set down by the registrar of hearing
without further notice to the Defendants.

And immediately thereafter serve on the Defendants a copy of this summons and return the same to
the registrar of the court with whatsoever you have done thereupon.

DATED at …………………….this……………………….day of …………….2019

………………………………………………………………………………
REGISTRAR/ASSISTANT REGISTRAR REGIONAL COURT

…………………………………………………………..
ATTORNEY FOR PLAINTIFF
ADDRESS
TO ; THE REGISTRAR
REGINONAL COURT
POTCHEFSTROOM OR PRETORIA

By hand
Particulars of claim

1.

The plaintiff is ………………….. ID number , description and employment . Remember to state further
referred to as the Plaintiff .

2.

The defendant is ……………………. ID number description and employment .

Further referred to as the defendant .

3.

Jurisdiction , which court can hear the matter . Arose in a certain courts jurisdiction( value that is
claimed ) , look at the cause of action , nature of claim and where the defendant resides .

4.

On or about ………… and at near Potchefstroom the Plaintiff and Defendant , both represented by
themselves , entered into an written agreement . ( describe the action and state , that your client is
the owner of the vehicle , if it was a contract start with cause of action but delict rather start with
ownership of the vehicle
5.

The terms of the contract was as follow ( what caused the accident , facta probata )
5.1
5.2
5.3

6.
Plaintiff performed ………………
( how the accident occurred – remember delictual elements that have to be proven , or how the
contract occurred )
7.

Notwithstanding the performance of the plaintiff the defendant has failed to ……………( make the
negligent causes applicable to your situation , explain what occurred )

8.
In the premises the defendant is indebted to the plaintiff for the amount of …….. ( damages occurred
, remember 3 quotations ) 9.
Letter of demand was sent ………………….. attach .
 10 .
Despite demand ……………..

WHEREFORE THE PLAINTIFF PRAYS FOR AN ORDER IN THE FOLLOWING TERMS:

1. Payment of the sum of ……………………
2. Interest calculated at the rate of………………..
p from date of letter of demand
3. Costs of suit ;
4. Further alternative relief

………………………………………………. Date signed at ……………………………………..

Attorney
NOTICE OF INTENTION TO DEFEND

NOTICE OF INTENTION TO DEFEND

TAKE NOTICE that the defendant herewith gives notice of his intention to defend the action against
him.
TAKE FURTHER NOTICE THAT the defendant appoints the address below as the address for service
of any documents or pleadings on the defendant

DATED at ………………….on this …………day of…………….2020

Signed by Attorney
DEFENDANT ATTORNEY
The address of the
defendant
ADDRESSED TO: The Clerk of the Magistrate's Court

AND TO: Plaintiffs Attorney

ADDRESS

Reference:…………………………………………….
NOTICE OF BAR
Notice of Bar

Take notice that the Plaintiff herewith request the Defendant to file his Plea with 5 (five) days After
receipt hereof failing which he will ipso facto be barred to deliver his Defendant Plea in which even
the Plaintiff will apply for default judgment against the Defendant.

DATED at ………………………..on this ………………….day of …………………2020

Signed by Attorney
PLAINTIFF'S ATTORNEY
ADDRESS

ADDRESSED TO: The Clerk of the Magistrate's Court

AND TO: Plaintiffs Attorney

ADDRESS

Reference:…………………………………………….
EXAMPLE: Plea (admit)

o In the Particulars of claim: PLAINTIFF

o 3. The Plaintiff was at all relevant times the registered owner of the red
Toyota Quantum
o 4. The Defendant is in possession of the above-mentioned property.
THEN

In the PLEA: DEFENDANT

• 1.
AD PARAGRAPH 3 AND 4
> The Defendant admits the contents of these paragraphs.

EXAMPLE: Plea (avoidance)

o In Particulars of claim: PLAINTIFF
o 3. The Plaintiff was at all relevant times the registered owner of the red Toyota
Quantum with registration number caw23489 .

THEN
• PLEA: DEFENDANT

AD PARAGRAPH 3
• The Defendant has no knowledge of the allegations in paragraph 3 and cannot
admit or deny these allegation

EXAMPLE: Plea (denial)

o In the Particulars of claim: PLAINTIFF
o 3. On 19 January 2019 at or near Potchefstroom the partners entered into a
verbal agreement for the sale of the vehicle and the purchase price was set at
R 150 000.00
THEN
o IN THE PLEA: DEFENDANT
o AD PARAGRAPH 3
o The Defendant denies the content of this paragraph.
o The Defendant specifically pleads that he at no point entered into an
agreement with the Defendant and put Defendant to the proof thereof
EXAMPLE: SPECIAL PLEA

SPECIAL PLEA OF PRESCRIPTION

Before pleading on the merits, the defendant raises the following special plea:

NON-COMPLIANCE WITH THE PRESCRIPTION ACT 68 OF 1969 In that:

1. At all material times hereto, the provisions of the Prescription Act applied to the
Plaintiff's action.
2. The Plaintiff's claim is for purposes of the Prescription Act is regarded as a debt
sounding in money.
3. The act states that a debt shall be extinguished by prescription after the lapse of the
period in which in terms relevant law applies in respect of the prescription of such
debt.
4. In terms of Section 11(d) the Plaintiff had 3 years to claim the debt
5. In terms of Section 12(1) of the Act, prescription shall commence to run as soon as
the debt is due.
6. In terms of Section 15(1) of the Act, the running of prescription shall be interrupted by
the service on the debtor or any process whereby the creditor claims payment of the
debt.

The Plaintiff failed to institute the action against the defendant within the period of three
years as prescribed by the Act Alternatively, the Plaintiff failed to serve on the defendant any
process whereby the Plaintiff aims payment of the debt within 3 years.
in the premise, the Plaintiff is precluded from claiming the damages as the matter is
prescribed.
WHEREFORE, the defendant prays that the Plaintiff's claim be dismissed with costs.

( what stops prescription , the moment that is served )

( for 15 marks special plea as well intention to defend , do not sign after your
intention to defend )
 COUNTERCLAIM

1.
Brevitas causa the parties are referred to as in convention.

2.

Paragraph 1, 2 and 3 of the plaintiff’s particulars of claim are admitted.

3.

Paragraph 4 of the plaintiff’s particulars of claim is denied. The defendant claims that
He had no choice but to swerve in order to avoid a collision with the dogs. His
vehicle came very close to but never actually in contact with the plaintiff's
vehicle. This is a case of contributory negligence on the plaintiff's side. He
suspects that Mrs A was looking at her cellphone, because from his position in
the truck he was able to look into her car and saw the cellphone on her lap
immediately after the accident.

4.
Paragraph 5,6 and 7, the defendant has no knowledge of the stated that incidents.

5.
Paragraph 8 and 9 of the plaintiff’s particulars of claim are admitted.

6
Paragraph 10, the defendant has no knowledge of the stated that incidents.

Wherefore the defendant prays for judgment against the plaintiff for:
Dismissal of the plaintiff’s plea with costs.

DATED at ___2021_________________ this October_____ day of 4_____.

__________________________
Monde Gqetywa Attorneys
Attorney for the defendant
Admitted in terms of section
4(2) of Act 62 of 1995
8 Lillian Ngoyi Street
Johannesburg
2000
Telephone: +27 94 474 8474