Professional Documents
Culture Documents
Civil Procedure
Civil Procedure
L01: Explain how Civil Procedure fits into the law as a whole ?
When a person needs to recover what was due to him then civil procedure
is part of the civil law that enable how the person is going to go about it
LO2:
➤ Judge is Umpire
The adversary system is designed to allow the parties to control their
own case and to give both parties equal opportunity to win the case. In
the process, however, the truth might not always come out. In the adversary system
the judge or magistrate is an independent umpire, making sure that the ‘battle’ is
fair and the parties follow the rules. The decision-maker does not enter the arena,
but leaves it entirely up to the parties.
➤ PARTIES CONTROL
The adversary system is designed to allow the parties to control their
own case and to give both parties equal opportunity to win the case.
The parties determine whether the case will go to court, which court, the
mode of trial, and the evidence to be presented at trial.
Due to the complex rules of evidence and procedure, each party in the
adversary system needs to be represented by an expert legal
representative who understands these rules. The legal representative
for each party will prepare and argue their case to the court.
What are the advantages and disadvantages of such a system?
ADVANTAGES ✅
DISADVANTAGES❌
❌ Requires each side to contest each other, possibly leading to questionable tactics.
Deals with the ends which the Deals with the means and instruments
administration of justice seeks. by which those ends are attained.
Which procedure will enforce the legal
Does a cause of action/legal claim exist? claim?
Substantive – By knowing what rights are defined you can know the duties and
obligations of parties in a dispute.
Guidance of parties ⍰⍰
Substantive – Helps legal representatives make informed decisions and consider the
strenght of their case.
Substantive –
Management 👨💼👨💼
Adjective – Helps the courts and parties to manage their matters within the
prescribed rules
THEME 3: COURT SYSTEMS
TYPES OF JURISDICTION ;
TERRITORIAL 📍 Refers to geographical area over which a court has power and
competence to hear and determine a case. There are legislative and adminstrative
boundaries.
Example; Where an individual residing in Cape Town wishes to file a civil claim
against another individual residing in Johannesburg. In this scenario:
The Western Cape High Court in Cape Town would have territorial jurisdiction
over the case if the claim exceeds the monetary threshold or involves a matter
falling within the jurisdiction of the High Court.
Alternatively, if the claim falls within the jurisdictional limits of the Magistrate’s Court,
the individual could file the claim in the Magistrate’s Court located within the
jurisdictional boundaries of their residential area in Cape Town.
However, if the individual chooses to file the claim in Johannesburg, the Gauteng High
Court or the appropriate Magistrate’s Court in Johannesburg would have territorial
jurisdiction over the case.
In summary, geographical jurisdiction ensures that cases are filed and heard in courts
located within the appropriate geographic area. It determines which court has the
authority to hear and decide a case based on the location of the parties involved and
the subject matter of the dispute.
HIERARCHIAL ➣ Refers to position of a court in the heiarchy system
to hear a matter.
In this scenario, the Constitutional Court, as the highest court for constitutional
matters, may agree to hear the case even if it was not initially appealed from a
lower court. The Constitutional Court has the authority to determine whether to grant
leave to appeal and to decide on constitutional issues of national significance, even if
they were not previously considered by lower courts. This demonstrates how courts
with higher hierarchical jurisdiction may intervene in matters that were not appealed
but are of significant legal importance
CONSENSUAL 🙆🙆➣ Parties may decide which court to hear their matter. They can
voluntarily agree to a court through consensus.
This example illustrates how parties may voluntarily submit to the jurisdiction of
an arbitrator to resolve their dispute outside of the court system through consensual
jurisdiction.
The Constitutional Court, the Supreme Court of Appeal and the High Court of South
Africa each has the inherent power to protect and regulate their own process, and to
develop the common law, taking into account the interests of justice.
Discuss how a court would establish jurisdiction ?
The court will establish jurisdiction based on the nature of the claim, the value of the
claim, where the parties reside, if the court has inherent powers and based on the
territory of the court.
LO6 : What are the courts in SA ?
In terms of sec. 166 of the Constitution, the courts in south africa consist
of:
The courts are independent and subject only to the Constitution and the
law, which they must apply impartially and without fear, favour or
prejudice.
The Magistrates’ Courts only have authority given to them by the law
‘’creatures of statute’’ They get their power from specific sections in the
Magistrates’ Courts Act, like sections 26 to 50. We'll look at how some of
these sections relate to the basic questions about jurisdiction we talked
about earlier.
These are full-time members of the judiciary who preside over cases at the junior level.
Typically, they handle complicated and severe offenses. Additionally, they have responsibility
for all regional court jurisdiction.
The Eastern Cape magistrate court division is a lower court with authority
over regions in the Eastern Cape province of South Africa. Its divisional
headquarter is in East London, 5200.
Has jurisdiction over the province of Kwa Zulu Natal, South Africa. it’s
regional seat is in Durban.
This magistrates court jurisdiction is over the entire North West province
of South Africa. It is responsible for 27 districts. The North West
magistracy has its main office at Ayub Building, 22 Molopo Road,
Mafikeng, 2745. Additionally, its main seat is at Mafikeng.
Section 29 of MCA
(i) delivery or transfer of any property, movable or immovable;
(ii) eviction against the occupier of any premises or land;
(iii) matters arising from a mortgage bond;
(iv) matters arising out of a credit agreement;
(v) other matters not already set out above, such as claims for damages
caused negligently to a vehicle or injuries to a person.
Value of claim
So essentially the MAG court can hear claims for value between R200,000 and
R400,000 à That is for regional Magistrate’s courts.
Sections 38, 39, and 45 provide exceptions to this rule. They cover
situations like abandonment, deducting admitted debts, and consent, and
cases between R200,000 and R400,000 to be heard in District
Magistrates’ Courts.
(Q1.1)
In terms of civil procedure he would be held liable for damage to property of Jabulani’s
vehicle. In terms of criminal procedure he would be held guilty for personal injury of
Jabulani’s concussion and broken ribs.
the POWER and COMPETENCE of which a particular court has to HEAR and
DETERMINE an issue between parties brought before it.
1. Subject Matter: The claim arises from a motor vehicle collision involving
damage to property (Jabulani’s vehicle) and personal injury (Jabulani’s
concussion and broken ribs). The Magistrate’s Court generally has jurisdiction over
civil claims involving motor vehicle accidents, personal injury, and property damage,
particularly those of a less serious nature.
2. Monetary Threshold: The scenario does not specify the amount of
damages being claimed, but based on the injuries described (concussion and broken
ribs) and the damage to the vehicle, it is likely that the claim falls within the monetary
jurisdiction of the Magistrate’s Court, which typically handles claims up to a certain
monetary limit.
3. Territorial Jurisdiction: The scenario does not provide information
about the geographical location of the incident. However, since the Magistrate’s Court
is decentralized and has jurisdiction over specific geographic areas, the claim would
be filed in the Magistrate’s Court within the jurisdictional boundaries where the
accident occurred or where one of the parties resides.
Therefore, based on the nature of the claim, the likely monetary value, and the
decentralized nature of the Magistrate’s Court system, the Magistrate’s Court would
have jurisdiction over this matter
Based on the value of the claim it would still fall under the jurisdiction of the District
Magistrate’s court but because there is no indication of area, it cannot be determined
in which district.
In terms of section 38,39,45 of the MCA, there are exceptions for the
Mag court to have jurisdiction over a matter that exceeds the monetary
threshold the court.
If a person wants to institute proceedings in the HC but cannot afford it they may turn
to Rule 40 of HC ‘’assistance’’.
This rule sets our rules for proceedings if one party does not have the funds for his
case;
Person may apply for leav to sue or defend as a pro deo litigant.
HIGHER COURTS
HIGH COURT
Each Division includes a Judge President, Deputy Judges President, and judges.
The number of judges is determined based on specific criteria and approved by the
President.
Jurisdiction of the high court in terms of section 169 of the constitution states that ;
(b) All causes arising and all offences triable within its area of jurisdiction;
(d) Appeals from all Magistrates' Courts within the area of the Division; and
à RATIONE DOMICILII
The domicile of the defendant. Where the defendant/respondent resides is where
the court will exercise their jurisdiction.
In order for a court to claim jurisdiction based on forum rei sitae, the property in
question must be physically situated within the jurisdictional boundaries of that
court. This principle ensures that disputes over property rights are adjudicated by the
court located in the vicinity of the property, allowing for convenient access to evidence
and witnesses related to the property.
Scenario: John and Mary are involved in a dispute over the ownership of a valuable
painting. The painting is currently located in Mary’s home, which is situated in the
jurisdiction of the Gauteng High Court.
In this scenario:
Forum Rei Sitae: The valuable painting, which is the subject matter of the dispute, is
physically situated within the territorial boundaries of the Gauteng High Court.
High Court Jurisdiction: Given that the painting is located within the jurisdiction of the
Gauteng High Court, it has jurisdiction over disputes concerning the ownership or
possession of the painting based on forum rei sitae.
DIVISIONS
COURT OFFICIALS
LABOUR COURT
Matters; Disputes that arise out of laws that underpin SA’s land reform
initiative.
Jurisdiction ; Same status as the HC’s. Can hold hearings in any part
of SA. Main office is in Randburg.
Legislation ;
A tax court is established for the area of the Division of the High Court.
The Judge President of the High Court nominates and seconds judges or acting
judges to serve as presidents of tax courts, either for a specific period or for a particular
case.
The President of RSA appoints members of the tax court panel for five-year
terms, with eligibility for reappointment. The President can terminate appointments
for misconduct, incapacity, or incompetence, and appointments lapse if the tax court
is abolished.
Registrar Appointment;
The Commissioner of the South African Revenue Services appoints the
registrar of the tax court, along with other registrar office staff, who are employees
of SARS.
LO7: Compare the high court system prior to the
Constitution, 1996, with the present high court system?
Before …..
BEFORE ⇩
Limited Jurisdiction: à No section 169 of CONS
Before the Constitution, the jurisdiction of the high courts was primarily
defined by legislation enacted by the apartheid government. High courts
had limited jurisdiction over certain types of cases, and their powers
were subject to legislative restrictions.
NOW ⇩
Expanded Jurisdiction à Section 169 of CONS
The Constitution significantly expanded the jurisdiction of the high courts,
granting them the authority to hear a wide range of matters, including
constitutional disputes, administrative law cases, and appeals from lower
courts. High courts now have broader powers to ensure the protection of
constitutional rights and the rule of law.
BEFORE ⇩
Segregationà No separation of powers CH12 of CONS
During apartheid, the high courts were part of a racially segregated legal
system, with separate courts for different racial groups. This segregation
extended to the composition of the judiciary and the administration of
justice, leading to unequal access to justice for different racial groups.
NOW ⇩
Transformation and Diversityà Section 9 ‘’right to equality’’
The judiciary has undergone significant transformation since the end of
apartheid, with efforts to promote diversity and representativeness on the
bench. Judicial appointments are now based on merit and the principles
of transparency and accountability, rather than political considerations.
BEFORE ⇩
NOW ⇩
BEFORE ⇩
NOW ⇩
Access to Justice à Section 34 ‘’ right to approach court’’ The
Constitution guarantees equal access to justice for all South Africans,
irrespective of race, gender, or socioeconomic status. Legal proceedings
are conducted in accordance with the principles of fairness, impartiality,
and equality before the law. Special mechanisms, such as legal aid and
public interest litigation, help to facilitate access to justice for marginalized
and vulnerable groups.
(Q1.1)
SUPREME COURT OF APPEAL
Establishedà 1910
Presiding officers à
Appeals à
Except for the Constitutional Court, no other court can change a decision
of the SCA.
Jurisdictionà Highest court of appeal
The SCA has jurisdiction to hear appeals on both civil and criminal
matters, including appeals on questions of law and fact. It has the
authority to review and overturn decisions made by lower courts, including
the High Courts and Magistrate’s Courts, on matters within its jurisdiction.
1. Highest Court of Appeal: The SCA serves as the highest court of appeal for
matters that do not involve constitutional issues. It hears appeals from the High Courts,
certain specialized courts, and other lower courts across South Africa.
2. Jurisdiction: The SCA has jurisdiction to hear appeals on both civil and criminal
matters, including appeals on questions of law and fact. It has the authority to review and
overturn decisions made by lower courts, including the High Courts and Magistrate’s
Courts, on matters within its jurisdiction.
4. Role in Legal Development: The decisions of the SCA have a significant impact
on the development of South African law. Its judgments establish precedents that guide
lower courts and legal practitioners in interpreting and applying the law in subsequent
cases. The SCA plays a crucial role in ensuring consistency and coherence in the
interpretation of legal principles across the country.
5. Access to Justice: The SCA plays a vital role in providing access to justice by
offering a forum for parties dissatisfied with the decisions of lower courts to seek review
and appeal. Its decisions contribute to the resolution of complex legal disputes and the
protection of individual rights and interests
CONSTITUTIONAL COURT
BASE à
Braamfontein, Johannesburg.
Establishedà 1994
Presiding officers à
11 Judges
Matters à
Restricted to constitutional matters and issues connected with decisions on
constitutional matters.
Thighest court in the country when it comes to the interpretation, protection and
enforcement of the Constitution
It deals exclusively with constitutional matters - those cases that raise questions about
the application or interpretation of the Constitution.
Jurisdictionà
Legislation à
.
THEME 4: SOURCES OF CIVIL PROCEDURE
The Superior Courts Act 10/2013 which replaced Supreme Court Act
59/59,
Section 6 – The Constitution of the High Court
Each court has a set of rules that are read and applied in conjunction with
the legislation.
Case Law
International Law
LANDMARK ⭐
Coetzee v Government of the Republic of South Africa
The Magistrate’s Courts Act provided that ito debt collection a civil debtor could find himself in prison for
failing to pay his debt.
LEGAL ISSUE: The CC had to look at the provisions that provided for imprisonment of civil debtors.
HELD:
Section 65 of the MCA was completely redrafted to be brought in line with the Constitutin. Held that certain
sectiond of the Magistrate’s Courts Act relating to DEBT COLLECTION procedures were unconstitutional
and declared the procedures to be invalid from the date which the court made it’s order. were found by
the court to be inconsistent with the right to personal freedom provided for in section 11(1) in Chapter 3 of
the Interim Constitution. Such provisions were also not capable of being justified as reasonable in terms
of the limitation provisions of section 33(1) of the Constitution
Facts; In the Bid Industrial case (supra), the appellant sued the two respondents, who were
resident and domiciled in Australia, for delictual damages. In order to found jurisdiction of the
Johannesburg High Court, the appellant applied for an order for the respondents’ arrests.
The respondents opposed the application on two grounds, the one being that, on the merits, there
was no prima facie case against the respondents and the second being that foreign nationals,
whilst in South Africa, enjoyed the protection of the Constitution and their arrest would be contrary
to the Bill of Rights. For the purposes of this article, the former ground will not be dealt with.
The Minister of Justice (“the Minister”) was joined to the application due to the constitutional
challenge of the legislation. The Minister’s submission was that the legislation was not
unconstitutional as the provisions were enacted to give effect to a plaintiff’s rights under section 34
of the Constitution (the right to access to courts). The court could also exercise its discretion in
granting an application for arrest by balancing the rights of the plaintiff and the defendant. Lastly,
the Act spoke of “arrest” only and not actual detention.
LEGAL ISSUE :
the Court considered various aspects. The first was whether arrest infringes on the rights to freedom
and security of the person. The Court held that as there is no legal obligation on a foreigner to either
consent to the jurisdiction of a South African court or to provide a monetary basis to avoid the arrest,
the legislation could only have contemplated actual detention. Jurisdictional arrest is thus aimed at
limiting the defendant’s liberty. In determining whether this is unconstitutional, the Court had to
consider whether there was a “just cause” for such a limitation.
RATIO; the Court declared the abolition of the common law rule of arrest and in lieu thereof, should
attachment not be possible, then a “South African High Court will have jurisdiction if the summons is
served on the defendant while in South Africa and there is sufficient connection between the suit and the
area of jurisdiction of the court concerned so that disposal of the case by that court is appropriate and
convenient.” Accordingly, Section 19(1)(c) of the Act was made redundant and ordered to be removed by
legislative amendment and until this happens, the section must be read down.
Once again, the Constitution has resulted in face of civil procedure in South Africa changing to fall within
the realms of what is considered by our courts to be “reasonable and justifiable in an open and democratic
society based on human dignity, equality and freedom” (Section 36(1) of the Constitution).
University of Stellenbosch Legal Aid Clinic (Clinic) & Others v
Minister of Justice and Correctional Services & Others; Association
of Debt Recovery Agents NPC v Clinic & Others; Mavava Trading 279
(Pty) Ltd & Others v Clinic & Others [2016] ZACC 32
STAGE 1 PRE-LITIGATION
PART 1
CAUSE OF ACTION - Determine if the client has a valid legal claim based on
contract or delict law. Person must have had his right infringed. Must have a
legally recognised cause.
LOCUS STANDI - Assess if the parties involved have the right to appear before the
court based on their direct interest and legal capacity.
JURISDICTION - Identify the appropriate court with the authority to hear the case,
considering factors like Magistrates' Courts and the High Court.
PART 2
LETTER OF DEMAND – Always done for debt collection. Before going to court, it's
often necessary to request the other party to fulfil their obligations or address a dispute.
This section explains different types of demands and why they're important. Done in
accordance with Section 129(1) of NCA.
CALCULATION OF TIME - Legal processes have specific timeframes set by laws and
rules. This part explains how to figure out these time limits correctly, which is crucial for
meeting deadlines during legal proceedings.
SERVICE OF LEGAL DOCS - There are strict rules about how legal papers should be
delivered to the other party. Although this is part of the actual legal process, it's easier to
handle this before diving into the complexities of the legal procedure. Section 168 OF
NCA.
ACTION VS APPLICATION - When starting a civil case, you have to decide whether to
pursue it through a trial (action) or through written submissions (application). This
section helps in making that decision and explains the main procedures involved in both.
Purpose of demand
FORMS OF DEMAND
Distinction between:
APPLICATION
Commence with a NOTICE OF MOTION supported by a founding affidavit.
ACTION
Issue and delivery of SUMMONS.
CONTENTS
APPLICATION
Founding Affidavit will contain the statement of facts.
Dispute of legal arguments. No dispute of fact.
ACTION
For the parties to take all the necessary steps to initiate the action and to prepare the
case for trial, while the function of the judge is merely to consider requests for interim
relief by the parties.
Dispute of fact.
Why is this distinction important in the context of the stages of the civil procedure
process?
➢ Action proceedings are used to resolve disputes where the dispute of fact
has to be decided.
➢ Application proceedings are used for matters that can be resolved based on
legal arguments.
(2)
(3) Drawing a distinction is important because it can help a party and their legal
representative decide the appropriate procedural route.
(4) Using the wrong form of proceedings can result in cost implications for the party
that instituted the proceedings.
(5) Action proceedings are more costly than application proceedings. But application
proceedings are not always permissible.
(7) For a situation where an interdict is needed, the application proceedings may
provide for a faster relief.
ACTIONS
⇩
Claims for Damages: Cases where the plaintiff seeks compensation (damages)
for harm or loss suffered, such as personal injury claims, property damage claims, or
breach of contract claims where monetary damages are sought.
DIVORCES
Declaratory Orders: Cases where the plaintiff seeks a declaration from the court
regarding their legal rights or obligations, such as disputes over property ownership or
interpretation of contracts.
INTERDICTS; Cases where the plaintiff seeks an injunction, which is a court order
requiring the defendant to refrain from or take specific actions, such as restraining
orders or injunctions to prevent the infringement of intellectual property rights.
Partition and Sale: Cases involving the division and sale of jointly-owned property
among co-owners who cannot agree on how to divide the property.
APPLICATIONS
⇩
1. Interlocutory Applications: These are applications made during the
course of litigation to seek interim relief or procedural orders, such as applications for
interlocutory injunctions or applications to amend pleadings.
2. Judicial Review: Cases where a party seeks to challenge the legality
or validity of administrative actions or decisions made by public authorities, such as
decisions by government agencies or administrative bodies.
3. Urgent Applications: Cases where a party seeks urgent relief from
the court, such as interim interdicts or orders to prevent imminent harm or irreparable
damage pending the resolution of a full trial.
4. Enforcement of Judgments: Applications to enforce court
judgments or orders, such as applications for the attachment of assets or orders for
the payment of money.
5. Declaratory Orders (in certain circumstances): While declaratory
orders can also be pursued through action proceedings, in some cases where there
is no genuine dispute of fact and the issue is purely a legal question, parties may opt
for an application for a declaratory order.
NB!!!!
An application by means of notice of motion may be made if
1. There is no real dispute over any question of fact.
OR
2. If there is such a dispute & it cannot be decided without evidence.
3.
In this scenario, there is no real dispute over any question of fact because both parties
agree on the terms of the lease agreement and the condition of the premises.
Company A believes that Company B breached the contract by not maintaining the
property, while Company B may deny the allegations.
Now, let’s consider a scenario where Company A alleges that Company B breached
a supply contract by delivering defective products. Company B disputes Company A’s
claim, arguing that the products were not defective and were delivered according to
the terms of the contract.
In this scenario, there is a dispute over a question of fact – whether the delivered
products were defective. Company A and Company B have conflicting accounts of
what transpired, and resolving the dispute would require evidence, such as witness
testimony or documentary evidence.
Scenario: Driver A files a claim for damages against Driver B following a motor vehicle
collision. In Driver A’s affidavit, they allege that Driver B rear-ended their vehicle while
they were stopped at a red light, causing significant damage to their vehicle and
resulting in injuries. Driver B denies the allegations, claiming that Driver A suddenly
stopped without warning, causing the collision.
In response to Driver A’s affidavit, Driver B submits affidavits from passengers in their
vehicle who witnessed the accident. The passengers provide sworn statements stating
that Driver A abruptly stopped their vehicle without any apparent reason, leading to
the collision. These affidavits contradict the version of events provided by Driver A.
In this scenario, Driver B denies the material allegations made by Driver A and
produces positive evidence by their own deponents (the passengers) to the contrary.
The conflicting accounts of the accident would need to be resolved through evidence
presented in court, such as witness testimony, expert analysis, and examination of the
accident scene. The court would need to determine the credibility and reliability of the
evidence presented by both parties to establish the facts surrounding the collision.
ADMIT INCIDENT BUT DENY SOME FACTS
The respondent admits the allegations contained in the applicant’s affidavit but
alleges other facts which the applicant disputes.
Scenario: Driver A files a claim for damages against Driver B following a motor vehicle
collision. In Driver A’s affidavit, they allege that Driver B ran a red light and collided
with their vehicle, resulting in injuries and vehicle damage. Driver B admits to the
collision but alleges that Driver A was speeding at the time of the accident, contributing
to the collision.
In this scenario, Driver B admits to the occurrence of the collision but disputes Driver
A’s version of events regarding the cause of the collision. Driver A disputes Driver B’s
assertion that they were speeding and maintains that Driver B’s failure to stop at the
red light was the primary cause of the accident. Evidence will need to be presented.
The respondent concedes that he has no knowledge of the main facts stated by
the applicant but may deny them, putting the applicant to the proof and himself
giving or proposing to give evidence to show that the applicant and his
deponents are biased or unreliable and that certain facts are untrue.
Scenario: Driver A files a claim for damages against Driver B following a motor vehicle
collision. In Driver A’s affidavit, they provide details of the accident, including the
sequence of events leading to the collision and the extent of damages suffered. Driver
B concedes that they have no direct knowledge of the accident but denies Driver A’s
version of events, alleging that Driver A and their witnesses are biased and unreliable.
In this scenario, Driver B challenges the reliability and credibility of Driver A’s evidence,
putting the burden on Driver A to prove their claims. Driver B may propose to give
evidence to challenge the accuracy of Driver A’s account of the accident, such as
presenting witness testimony or expert opinions to dispute the facts alleged by Driver
A. This dispute of fact regarding the accuracy and reliability of the evidence would
need to be resolved through the examination of evidence and witness testimony in
court proceedings.
CALCULATION OF TIME 🕰
FOLI
If you are told today that you must hand in an essay within five days, then the five-
day period starts running tomorrow, and ends at the end of the last day of that five-
day period.
‘’APPLICATIONS’’
SET OUT CASES – Parties will set out their cases in writing and the court will decide
the matter considering the documents before it. No trial
EVIDENCE – Affidavits are the form of evidence that is placed before the court. No
witnesses, no oral evidence.
They are not suited for dealing of mistake of fact matters.
3 Types ;
EX PARTE APP; No notice to parties. Unnecessary to notify parties.
URGENT APP;
1. Urgent applications need to follow court rules, but exceptions may be made due
to the urgency of the situation.
2. Applicants must fully explain to the court why their application is urgent
and why they can't wait.
3. Applicants can set their own deadlines for respondents to respond, but the court
may review and adjust these deadlines if necessary.
4. The level of urgency determines the extent to which rules can be deviated from,
ranging from shortening notice periods to no notice at all.
5. In extreme cases, applications may need to be made orally to a judge after hours,
even outside of court premises.
1. **Nature of the relief sought:** The court considers the nature of the relief sought
and whether it requires immediate attention to prevent irreparable harm or
injustice.
3. **Reasons for urgency:** The applicant must provide compelling reasons for the
urgency, explaining why the matter cannot wait to be addressed through normal court
procedures.
4. **Good faith:** The court evaluates whether the application is made in good faith
or if the urgency is manufactured by the applicant.
By considering these factors, the court determines whether the urgency of the
application justifies deviating from normal court procedures to grant timely relief.
ACTIONS (Proceedings will take place)
TRIAL : The pre-trial stage is followed by the trial itself, during which both
sides lead the evidence of witnesses, who are subject to cross-examination
to test the truth of their evidence.
APPEALS; If you decide to appeal a court's judgment, it means you believe the trial
procedures were fair, but you disagree with the decision made by the judge. You're
not accusing the judge of being biased, malicious, or corrupt, which are grounds for
reviewing the decision. Instead, you're saying that although the judge reached the
decision fairly, they got it wrong based on either the facts or the law, or both.
Perhaps even before the first stage of civil procedure, an attorney should always have
the issue of prescription in mind. This is because it is futile to continue a consultation
or try to determine whether a client has a valid cause of action if the clients claim
has prescribed. Asking the question of whether a claim has prescribed as your very
first question in a matter, can not only save you and your client time and money, but
also allows you to determine if instituting civil proceedings needs to be done on an
urgent basis before the particular debt has extinguished.
If you decide to institute civil litigation on behalf of the client, how would
you know which court to go litigate in and which procedure to follow?