Withdrawal

Question 1

The plaintiff in an action in the HC in which you represent the Defendant serves and files a notice of withdrawal of the action without tendering costs

What remedy does your client have? When must the above mentioned step be taken?

Answer 1

Apply to court for an order that plaintiff pays the costs of the action as well as the costs of the application.

Within a reasonable time from date of receiving the notice of withdrawal (no time limited is stipulated)

Question 2

Draft the necessary NOM, excluding the heading and citation of parties to give effect to this remedy

Answer 2

Take notice that application will be made on behalf of the above named applicant on (date) and (time) or as soon thereafter as applicants legal representative may be heard for an order in the following terms:

• plaintiff pays the costs of the withdrawn proceedings
• plaintiff pays the costs of this application

Further take notice that the attached affidavit of applicant will be used in support of the application.

Kindly enrol the matter accordingly

ToRegistrar of the Court