Procedural Steps

Question 1

Describe the procedural steps to be taken during the course of an APPEAL to the HC against a decision of a magistrate in a civil case, bearing in mind R50 of HC Rules read with R51 of Mag Court Rules

Part 1

Answer 1

1) Within 10 days after judgment and before noting appeal request judicial officer to hand registrar of court written judgment showing
- facts magistrate found to be proved
- the reasons for the judgment

2) judgment be provided within 15 days from receipt of request
3) Within 20 days after date of Judgment or within 20 days after received written judgment from registrar of court file notice of appeal
4) Notice of appeal accompanied by security of R1000
5) Notice of Appeal State: whether whole or in part of judgment appealed against and if in part which part. grounds of appeal specifying any finding of fact or law appealed against

Question 2

Describe the procedural steps to be taken during the course of an APPEAL to the HC against a decision of a magistrate in a civil case, bearing in mind R50 of HC Rules read with R51 of Mag Court Rules

Part 2

Answer 2

6) Within 15 days of receipt of notice of appeal the magistrate must hand to registrar of court written statement showing:
- facts he found to be proved
- grounds upon which he arrived at fact
- reasons for any ruling of law or rejection of any evidence

7) within 40 days after noting appeal apply to registrar in writing and notice all other parties for a date for hearing of appeal
8) request for date accompanied by complete copy of pleadings, record of evidence and all other docs necessary for hearing of appeal together with an index
9) 15 days before appeal heard deliver one copy of concise and succinct statement of main points you intend to argue on appeal and list of authorities
10) 10 days before appeal the respondent must file a similar statement
11) Appeal in civil matter must be prosecuted within 60 days after noting of such appeal, and unless prosecuted shall be deemed to have lapsed/

Question 3

You act for the defendant in a Highcourt matter. Which procedural steps can you take in the following circumstances?
The summons was not signed properly

Answer 3

Irregular Proceeding

Question 4

You act for the defendant in a Highcourt matter. Which procedural steps can you take in the following circumstances?
Plaintiff fails to file declaration timeously

Answer 4

Notice of Bar

Question 5

You act for the defendant in a Highcourt matter. Which procedural steps can you take in the following circumstances?
The plaintiff is a peregrinus in the Republic

Answer 5

Request security of costs

Question 6

You act for the defendant in a Highcourt matter. Which procedural steps can you take in the following circumstances?
Summons does not disclose a COA

Answer 6

Exception

Question 7

You act for the defendant in a Highcourt matter. Which procedural steps can you take in the following circumstances?
The court does not have jurisdiction

Answer 7

Special Plea