Summary
The rules for applying for summary judgment in the South Gauteng High Court of South Africa have been updated. The plaintiff can apply after the defendant has delivered a plea. This applies to claims on a liquid document, liquidated amounts, delivery of specified movable property, or ejectment. The plaintiff must deliver a notice of application for summary judgment and an affidavit within 15 days of the plea. The affidavit should verify the cause of action, the amount claimed, and explain why the defense does not raise any issue for trial. If the claim is based on a liquid document, a copy must be attached to the affidavit.Full Conversation
What are the rules for applying for summary judgement in the South Guatneg High COurt of South Africa
Hi ****, the rules for applying for a summary judgement in the South Gauteng High Court of South Africa are:
- The application must be delivered within 15 days after the defendant has entered an appearance to defend.
- The affidavit should state that in the applicant's belief, there is no defence to the action.
- The defendant may deliver an opposing affidavit within 5 days of the service of the summary judgement application.
That is wrong. Those rules have been amended. You can no longer bring the applpication after a notice of intention to defend. You must bring in after Defendant has served a Plea.
Apologies for the confusion, ****. The rules indeed have been amended. Let's correct it:
- The application for summary judgment must be brought after the defendant has served the Plea.
- The affidavit should state that in the applicant's belief, there is no defence to the action.
- The defendant may deliver an opposing affidavit within 5 days of the service of the summary judgment application.
what rule is that?
The updated rules you're referring to are outlined in Rule * of the Uniform Rules of Court, South Africa. This rule dictates the procedure for summary judgments in high courts, including the South Gauteng High Court.
What does Rule * say
Rule * of the Uniform Rules of Court in South Africa outlines the following:
- It allows for summary judgments if the defendant has delivered a plea.
- The plaintiff must believe there is no defence to the action.
- The defendant can deliver an opposing affidavit within 5 days of receiving the summary judgment application.
What if Plaintiff does not bring the application then?
If the plaintiff does not bring the application for summary judgement, the case will likely proceed to trial where both parties can present their evidence and arguments. This allows a judge to make a decision based on the presented facts and laws.
Still wrong, Here it is: Summary judgment
(*) The plaintiff may, after the defendant has delivered a plea, apply to court for summary judgment
on each of such claims in the summons as is only—
(a) on a liquid document;
(b) for a liquidated amount in money;
(c) for delivery of specified movable property; or
(d) for ejectment,
together with any claim for interest and costs.
[Rule *(*) substituted by GoN R842 in G. * with effect from * July *.]
(*)
(a) Within 15 days after the date of delivery of the plea, the plaintiff shall deliver a notice
of application for summary judgment, together with an affidavit made by the plaintiff or
by any other person who can swear positively to the facts.
(b) The plaintiff shall, in the affidavit referred to in subrule (*)(a) verify the cause of action
and the amount, if any, claimed, and identify any point of law relied upon and the facts
upon which the plaintiff’s claim is based, and explain briefly why the defence as pleaded
does not raise any issue for trial.
(c) If the claim is founded on a liquid document a copy of the document shall be annexed
to such affidavit and the notice of application for summary judgment shall state that the
application will be set down for hearing on a stated day not being less than 15 days
from the date of the delivery thereof
Thank you for your patience, ****. I appreciate your correction. Here's the updated information based on Rule *:
- The plaintiff can apply for summary judgment after the defendant has delivered a plea.
- This applies to specific types of claims, including those based on a liquid document or for a liquidated amount in money.
- Within 15 days of delivering the plea, the plaintiff must deliver a notice of application for summary judgment along with a relevant affidavit.
- The affidavit must verify the cause of action, the amount claimed, and explain why the defense as pleaded does not raise any issue for trial.
- If the claim is founded on a liquid document, a copy of this document must be attached to the affidavit.
Great thanks
You're welcome, ****! If you have any more questions or need further clarification on any legal matters, feel free to ask. I'm here to help!
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