Summary
Summary Civil Procedure Drafting: Ex parte app
- Course
- Civil Procedure 371
- Institution
- Stellenbosch University (SUN)
In depth example of how to draft an ex parte application in the Magistrates' Court for Civil Procedure 371.
[Show more]
Content preview
IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF BELLVILLE(WESTERN CAPE) Case no:
In the matter of:
SHARON ROOS APPLICANT
And
CONNEL ROOS FIRST RESPONDENT
PEOPLES BANK PTY LTD SECOND RESPONDENT
NOTICE OF MOTION IN TERMS OF SECTION 30(1)
KINDLY TAKE NOTICE THAT application will be made on behalf of the above-
mentioned applicant on the 6th day of August 2020 at 09:00 or as soon thereafter as
the matter can be heard in terms of Section 30(1) and Rule 55 of the Act 32 of 1944
(as amended), for an order to be made on the following terms:
(a) The amount of R230 000 in the bank account with number 215090 held at
PEOPLES BANK PTY LTD, BELLVILLE, in the name of CONNELL ROOS, be
frozen insofar as that no further withdrawals can be made from that amount,
pending the payment of half of the First Respondent’s pension fund payment,
out of the abovementioned account;
(b) That First and Second Respondents are called to, on 22 August 2020 at
09h00, provide reasons to the Honourable Court, if any exist, as to why:
a. The amount of R230 000 in the above-mentioned bank account should
not be frozen insofar as that further withdrawals cannot be made,
pending the payment of half of the First Respondent’s pension fund
payment out of the abovementioned account;
b. The First Respondent should not be ordered to pay the costs of this
application.
, TAKE NOTICE FURTHER that the affidavit of SHARON ROOS annexed hereto, will
be used in support of this application.
Kindly place the matter down on the roll for hearing accordingly.
DATED AT STELLENBOSCH ON THIS 6TH DAY OF AUGUST 2020.
N PRETORIUS
Applicant’s attorney
Pretorius & Willemse
Attorneys
43 Baker Street
Stellenbosch
c/o Short Attorneys
23 Short Street
Bellville
TO: THE REGISTRAR OF THE REGIONAL COURT
BELLVILLE
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller stellenboschlaw. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
57727 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now