EX PARTE APPLICATION- SU8

Question 1

Bringing an ex parte application to the high court:

Answer 1

1. when the applicant is the only person interested in the relief sought.
2. when the relief sought is a preliminary step in the proceedings.
3. when the nature of the relief sought is such that giving notice may defeat the purpose of the application.
4. when immediate relief is essential because the harm is imminent.
5. when the application is usually brought ex parte in terms of established court practices
6. when the identity of the respondent is not readily ascertainable

Question 2

EX PARTE APPLICATIONS IN THE MAGISTRATES’ COURT:

Answer 2

Rule 55(3) provides that an ex parte application may be brought to the Regional or District Court if it satisfies these requirements:
1. giving of notice would defeat the purpose of the application
2. the degree of urgency is so great that the dispensing of notice is justified

Question 3

RULE 55(3)(h):

Answer 3

provides that ex parte applications may be heard in the Magistrate’s office.

Question 4

GRANTING A FINAL ORDER

Answer 4

where a court is satisfied that the rights of no other person are affected by the ex parte relief sought by the applicant, the court will grant a final order.

Question 5

RULE NISI

Answer 5

is a court order calling upon all the respondents to give reasons on a date set by the court, why the order sought by the applicant should not be made final.

Question 6

the respondent may anticipate….

Answer 6

the respondent may anticipate the rule nisi return date by giving not less than 24 hours’ notice.