Interlocatory And Incidental Applications

Question 1

Who may bring an application for incidental or interlocutory relief

Answer 1

Incidental or interlocutory application proceedings can Be brought by any party in the course of pending litigation whether it be action or application

Question 2

What relief can be sought under an incidental or interlocutory application

Answer 2

One can seek in term or interlock Tory relief by way of a substantive application pending the outcome of proceedings as opposed to final relief

Question 3

List at least five examples of incidental or interlocutory applications

Answer 3

1. An application to set aside an Irregular step For example rule 30
2. An application to compel a reply to particulars
3. And application to compel discovery
4. And application under rule 33(4) for a separation of issues
5. After judgement has been given an application for leave to appeal or leave to execute pending an appeal

Question 4

List at least four examples of substantive applications

Answer 4

1. And application to Sequestrate a debtors estate
2. And application to remove a restriction in title condition
3. And application for a money judgement
4. An application for an interdict, Including a temporary interdict pending the outcome of an action to be instituted or already instituted