Locus Standi is an issue which the defendant may raise at anytime
It is a special defence that the plaintiff lacks the necessary locus standi to institute the action
If the issue of locus standi appears from the summons itself then the defendant may
(Paleker sent us an email saying that all we need to know for this section is what a Rule
43 (or in the MC Rule 58) application is and how the respondent can defend it. We also
need to know what the divorce summons particulars of clai
All actions commence by way of summons.
In action proceedings, there is a clear distinction between the pleading, the
pre-trial and the trial stages.
A summons must be issued by the clerk/registrar of the court and served by
CIVIL PROCEDURE 2010
TOPIC 4: JURISDICTION
Jurisdiction, like locus standi, is a point in limine. It refers to the competency
of a court to hear a matter.
If jurisdiction is not established, the defendant may tender a special plea in
The difference between application and action proceedings:
The HC has inherent jurisdiction to hear all types of applications, except those
excluded by a justiciable legislative ouster, e.g. the LRA saying that labour matters
can only be hea
The origin of the rules of civil procedure
There are four main sources of civil procedure:
1. Supreme Courts Act
2. Magistrates Courts Act
3. Uniform Rules of Court, which apply to all High Courts
4. Provincial Division Rules, w
4.7.3 Step 3: Section 28
Once we have established that the Magistrates Court can hear the cause of action
and that it falls within their monetary jurisdiction, the third step is to decide which
particular MC the person must go to.
Section 28 se
Basically dealing with the prevention of illegal Eviction
Sets out procedure for the eviction of illegal occupiers
Evictions were straightforward - issued a summons and allege that he is the owner and
ask for occupant
Locus standi is a point in limine, i.e. an issue to be resolved at the outset and
before substantive proceedings may begin.
Parties to proceedings must be capable of suing and being sued.
Onus is on the plaintiff to prove that
SERVICE OF PROCESS
Service happens in regard to documents that initiate proceedings
Actions summons simple and combined (with particulars of claim, notice of motion
and a founding affidavit)
Exceptions where dont have to be served:
o Urgent application ap
Litigant (this is technically possible but in practice it is very rare and
inadvisable because of the difficult rules of civil procedureand there are