Random Questions

Question 1

Explain what is an ex parte application

Answer 1

It is an application brought without notice to any one except the registrar of the HC either because no relief is sought against any person or it is not necessary to give notice to the respondent

Question 2

What type of proceeding would you advise your client to institute in the HC:
Your client is the landlord of certain business premises within the area of jurisdiction of the court where you practice. Last year concluded Lease Agreement with tenant, lease expired a month ago and the tenant still has not vacated the premises

Answer 2

Urgent application for eviction

Question 3

What type of proceeding would you advise your client to institute in the HC:
Your client Madame X wishes to claim damages from the Moon Newspaper for defamatory article which appeared in the newspaper 14 days ago.

Answer 3

Combined Summons

Question 4

Your client and his family are in agreement that their 90 year old father is incapable of managing his affairs. What form of relief will you advise your client to seek?

Answer 4

An ex parte application for the appointment of a curator ad litem and curator bonis

Question 5

Name any ten requirements for such relief with specific reference to Rule 57 of the Rules of Court

Answer 5

POD: NOM an ex parte application
Affidavit must contain:
1. locus standi of applicants
2. grounds for jurisdiction of the court
3. Patient age, sex, health, general state of health
4. Relationship between applicant and patient if any
5. Facts and circumstances relied upon show patient of unsound mind and incapable of managing affairs
6. Name, occupation,address of respective persons suggested for appointment as curator ad litem subsequently curator bonis
7. Statement that these persons have been approached and indicate their ability and willingness to act if appointed
8. Affidavit by at least one person to whom patient is well known- facts concerning mental condition
9. if such person is related to or has a personal interest in terms of the order sought full details be set out in affidavit
10. attach affidavits of 2 medical practioners, one be alienist recently examined patient
11. appointment of curator ad litem by court
12. report by curator ad litem
13. Submission of documents to master
14. report of master

Question 6

List any seven steps ito requirements of Rule 46 of Uniform Rules of HC in preparation for the sale in execution

Answer 6

1. A writ of execution against immovable property must contain full description of nature and situation of property incl address to enable sheriff to trace
2. Sheriff make attachment to be served ito rules on owner, registrar of deeds and occupier of property.
3. the attorney to advise sheriff whether he should proceed with sale in execution
4. the sheriff must ascertain and record bonds or other encumbrances registered against the property together with the relevant names and notify the attorney
5. if property subject to claim of preferant creditor, property may not be sold unless the attorney for judgment creditor notifies such preferant creditor by registered post of the indented sale and obtain reserve price or agree on sale without reserve price
6. If the property is rateable the attorney of judgment creditor must notify by registered post the local authority
7. Sheriff appoints a day and place for sale of property not less than one month after the service of notice of attachment
8. not less than 20 days prior to sale attorney in consultation with sheriff prepare notice of sale and conditions of sale and hand same to sheriff
9. notice be published in GG and local newspaper
10. not less than 10 days prior to date of sale the sheriff shall forward by registered mail the notice to all bondholders
11. Sheriff shall not later than 10 days prior to sale affix notice of sale on notice board of Magistrate Court

Question 7

What do you understand by a Rule Nisi and when is its use most effective?

Answer 7

A rule nisi is a form relief granted in application proceedings.
especially urgent applications brought ex parte where the appplicant requires interim relief without notice or with limited notice, but where the respondent must be given an oppurtunity of opposing the granting of a final order. interdicts are a common example

Question 8

Draft a Notice of Exception

Answer 8

1. Please take notice that the Defendant hereby raises an exception against the Plaintiffs Particulars of claim in that it:

fails to indicate that the Plaintiff has locus standi as there are no allegations that the Plaintiff is the owner of the vehicle and thus personally sustained the damages claimed

it is not alleged that the damages were caused by the negligence of the Defendant

Wherefore the Defendant prays that an exception be upheld

that the plaintiffs particulars of claim be set aside with costs and
that the plaintiff be given leave, if so advised, to file amended particulars of claim within one month