Pleadings Generally

Question 1

Give 3 reasons why pleadings are required?

Answer 1

1. For the Parties to be informed of the issues in dispute between them so that they may prepare for trial.
2. For the Court to be informed of the issues so that it may know the limits of the dispute.
3. So that the issues may be on record if either party wishes to reopen the same dispute after it has been determined.

Question 2

How does the law ensure that the 3 objectives of pleadings are met?

Answer 2

It requires that pleadings be prepared with as much precision as possible.

Question 3

What does uniform rule 18(4) require

Answer 3

Every pleading must contain a clear and concise statement of material facts upon which the pleader relies with sufficient particularity to enable the opposing party to reply thereto.

Question 4

What does uniform rule 18(3) require

Answer 4

Every pleading shall be divided into paras which shall be consecutively numbered and shall each contain a distinct agreement (as near as possible)

Question 5

How do you determine which process to follow i.e. action or application

Answer 5

In the absence of any of these procedures being mandatory I.e. prescribed by law the procedure to be followed will depend on whether or not there is a substantial factual dispute between the parties

Hey substantial factual dispute is where a matter cannot be argued purely based on the pleadings before the court where additional oral evidence is required to determine which version is more likely to be true

In these cases action procedure should be followed

Question 6

Why can application procedure not be followed where there is a substantial factual dispute

Answer 6

This is because application procedures do not allow full quota here oral evidence rather it requires arguments based on the pleadings before the court application proceedings can therefore never be used with damages of claimed or in divorce matters

Question 7

List instances where application procedure is mandatory

Answer 7

Leave for appeal
Review
Rule 43 applications for interim relief
Recision of judgement
Interlocutory applications
Consolidation actions
Joinder of parties
Interdicts
Third-party procedures

Question 8

List the instances where action procedure is mandatory

Answer 8

Personal injury claims
Motor-vehicle accident claims
Divorce matters