Summary
Summary Civil Procedure Drafting: Interlocutory Application
- Course
- Civil Procedure 371
- Institution
- Stellenbosch University (SUN)
In depth example of how to draft an interlocutory application for Civil Procedure 371.
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IN THE HIGH COURT OF SOUTH AFRICA(WESTERN CAPE HIGH COURT, CAPE TOWN)
Case no: 112/2020
In the application of:
A APPLICANT/ PLAINTIFF
and
B FIRST RESPONDENT/ DEFENDANT
E SECOND RESPONDENT
NOTICE OF MOTION
PLEASE TAKE NOTICE THAT the above-named Applicant intends to make an
application to this Honourable Court for an order in the following terms:
1. That E, an adult male builder residen at 5 Disa Street, Cape Town, be joined
as Second Defendant to the action between the Applicant and the First
Respondent, before this Honourable Court under the above case number;
2. That copies of all pleadings to date be served on the Second Respondent and
he then be allowed 10 days to file Notice of his intention to defend, if any;
3. That costs of this application be costs in the cause.
KINDLY TAKE NOTICE that the affidavit of the Applicant, A, annexed hereto, will be
used in support of this application.
, KINDLY TAKE NOTICE FURTHER that the Applicant has appointed the offices of
Willemse Attorneys, 22 Klite Street, Cape Town, as the address where he will
receive service of all process in this application.
TAKE NOTICE FURTHER that if you intend on oppossing this application, you are
required to notify the Applicant’s attorneys in writing, before or on 21 August 2020,
and within fifteen (15) days after you have so given notice of your intention to oppose
this application, to file your opposing affidavits if any, and further, that you are to
appoint in such notification an address referred to in Rule 6(5)(b) at which you will
accept notice and service of all documents in these proceedings.
If no such notice of intention to oppose be given, this application will be made on the
28 August 2020 at 10h00 or as soon thereafter as counsel for the Applicant may be
heard.
DATED AT STELLENBOSCH ON THIS 21ST DAY OF AUGUST 2020.
QUINLAN ATTORNEYS
- STELLENBOSCH
Per:
EMMA DU PLESSIS
112 Ryneveld Street
Stellenbosch
c/o Willemse Attorneys
22 Klite Street
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