General Principles

Question 1

What distinguishes application procedure from action procedure

Answer 1

Applications are decided on the papers place before the court. All the evidence a party wishes to put forward must be included in his application papers

Question 2

Name and explain the two forms that an application procedure may take

Answer 2

An on notice application (normal applications) Which involves bringing an application before the court by giving notice to your opponent

An ex Parte Applications which are brought without Giving notice to the other side at all these may be brought on an urgent basis (urgent ex parte applications)

Interlocutory applications Which are brought to achieve certain objectives during the existing application or action proceedings

Question 3

What is meant by an interlocutory Application

Answer 3

These applications do not initiate proceedings rather they are incidental to proceedings that are already pending

Question 4

How are on notice Applications different from interlocutory Applications

Answer 4

An on notice application initiates the proceedings and Involves the serving of a notice of motion together with supporting affidavits

In interlocutory application does not initiate proceedings

Question 5

What is an urgent application

Answer 5

An urgent application is like any other application however because it is urgent it may not be possible to comply strictly with the rules of court relating to service and notice periods. The applicant must therefore inform the court fully of the reasons why the application is urgent and why he cannot wait to obtain relief in the ordinary Way

Question 6

Differentiate between On notice applications and ex parte applications

Answer 6

On notice application requires that you give notice to the opposing party that you are going to make the application

Ex parte Applications do not require that you give notice to another party because no other Party may have an interest in the application or the relief sought does not impact another party or there is a compelling reason why it is undesirable or impossible to give a notice to the respondent

Question 7

In the High Court what form is used for an on notice application

Answer 7

A long form

Question 8

In the High Court what form is used for an ex parte application

Answer 8

The short form

Question 9

Explain what is meant by an ex parte application

Answer 9

This is an application brought without notice to anyone except the registrar the High Court either because no relief sought against any person or it is not necessary to give notice to the respondent