Summary
Summary Civil Procedure Drafting: Urgent Application
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In depth example of how to draft an urgent application for Civil Procedure 371.
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By: mabitlakhomotso • 5 months ago
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IN THE MAGISTRATES’ COURT FOR THE DISTRICT OF STRANDHELD IN STRAND
Case no: 123/20
In the matter between:
MATT DAVE ZULU APPLICANT/ DEFENDANT
And
H TRUSTEE o.b.o ROBYN BUHRMEISTER RESPONDENT/ PLAINTIFF
NOTICE OF MOTION: IN TERMS OF SECTION 62(3)
KINDLY TAKE NOTICE THAT application is requested urgently on behalf of the
above-mentioned applicant on the 24th day of August 2020 at 09:00 or as soon
thereafter as the matter can be heard by this Honourable court, for an order to be
made on the following terms:
1. That the non-compliance of rules with regard to form and time periods be
condoned on the basis of urgency;
2. That the warrant of execution issued by this Honorable court for the
attachment of Applicant’s movable property and the resulting attachment and
sale in execution, scheduled for 26 August 2020, be set aside in terms of
Section 62(3), alternatively in terms of any other legal basis described in this
application;
3. That the Sheriff of the Strand district be ordered to release the items attached
under the said warrant of execution to Applicant’s keeping;
4. That Respondent be ordered to pay any and all storage and release costs
incurred by the Sheriff;
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