Possible Subsequent Proceedings

Question 1

What are the possible subsequent proceedings?

Answer 1

1. Execution

2. Appeal and Review

Question 2

1. Execution

Answer 2

• Execution entails the attachment and sale by public auction, made by the sheriff of the court, of the property of the judgement debtor.

EG: defendant refuses to comply with the order of the court.

Question 3

2. Appeal and Review

Answer 3

• a party who is not happy with the order of the court may approach a higher court by means of appeal or review.
• APPEAL: these may be initiated when a party is of the opinion that the judgement is incorrect either concerning the facts of the case or the application of the law. The parties are known as the applicant and the respondent.
• REVIEW: may take place when there has been a procedural irregularity concerning the procedures followed in the case EG: the judge was an applicants brother therefore a new one would have to be appointed.