Summary Judgment

Question 1

When can a plaintiff apply for summary judgment together with any claim for interest and costs?

Answer 1

Can do so if the claim is based on

• liquid document
• liquidated amount in money
• delivery of specified movable property
• for ejectment

Question 2

How would an application for summary judgment differ is the action was found on a liquid document?

Answer 2

The liquid document will be attached to the affidavit as contemplated by Rule 32(2)

Question 3

In which other cases except a claim for a liquidated sum of money or based on a liquid document would an application for summary judgment be appropriate

Answer 3

• for delivery of a specified movable

- for ejectment/eviction

Question 4

In an application for Summary Judgment the defendant is granted leave to defend the matter by the court. Would your client the plaintiff who is not satisfied with this order be able to lodge an appeal? Briefly motivate your answer

Answer 4

No as it is an interlocutory application and the order is not appealable.

Question 5

To whom is the NOM of Summary Judgment addressed?

Answer 5

Notice is given to the registrar and the opponent.