Summons

First

step in trial / action proceedings

Defined

as a court process n which the defendant is called upon to enter appearance to defend the action within a stipulated time and to answer the claim of the Plaintiff, and in which he is warned of the consequences of failure to do so.

Issued

by the registrar / Clerk Served by the Sheriff

Heading Instruction Time Limits Warning Form of consent to judgment Form of appearance to defend Notice drawing attention to certain sections of act Signature Citation of parties Jurisdiction POC Prayer

POC contained in very simple form Used in cases where claim is for a debt or a liquidated demand ie fixed and ascertainable Examples: - good sold and delivered - Services rendered - Claim based on an overdue account POC need not comply with Rules of court If defended: Plaintiff files a declaration.

 Consist

of two documents POC contained in an annexure and are detailed Used in most matters Are instances where combined summons must be used e.g Divorces

 Old

position until August 2010 Similar to the simple summons except that POC appear in full on the face of the summons except if it is more than 100 words. If more than 100 words, summons must be filed as an annexure. NOTE: only ORD summons in MC, no distinction between simple summons and combined summons as in HC

 Now

the position has been brought in line with HC Rule 5 refers to ordinary summons Rule 5 also requires specific allegations in certain cases: - simple summons sued out in terms of legislation may contain bare allegation of compliance with legislation (5(7)) - Execution proceedings: must draw attention to section 26(1) of constitution - NCA

 Personal

service Service upon an agent Service at residence or pace of business of def Service at defs employment Service by affixing Service via registered post

Automatic rent Interdict s31 of Mag Court Act ; when issuing for arrear rental can include automatic rent interdict Prevents removal of property by tenant Provisional Sentence Summons Action based on a liquid document If def cant dispute validity of the liquid document, he must pay first then defend.

Pete

& Hulme: pgs 156 -

174 Course Handout