Summons ( simple )

To the Sheriff or his/her Deputy:

INFORM

JOHN DOE …………..(describe defendant)

(hereinafter called the Defendant(s)) that

LINDIWE NGCOBO ……….(describe plaintiff),

hereinafter called the Plaintiff(s))
hereby institutes action against him/her in which action the Plaintiff(s)
claims/claim:

Here the plaintiff would set out in abbreviated form the particulars of claim on
which her action is based.

Inform the defendant further that if the defendant dispute the claim and wishes
to defend the action , the defendant shall within 10 days of the service upon him
of this summons file with the registrar of this court .With the notice of intention
to defend and serve a copy thereof on the attorneys of the plaintiff which shall
give an address referred to rule 19(3) for the service upon the defendant of all
the notices and documents in the action .

Inform the defendant further that if the defendant fails to serve notice as
aforesaid , judgment as claimed may be given against the defendant without
further notice to the defendant and immediately thereafter serve on the
defendant a copy of the summons and return the same to the registrar with
whatsoever you have done thereupon

Dated at Durban ……………………. Day of ………. 2016

…………………………………………
Registrar of the KZN division Durban

………………………………………..

Attorney of plaintiff
 Summons ( combined )

To the Sheriff or his/her Deputy:

INFORM

JOHN DOE …………..(describe defendant)

(hereinafter called the Defendant(s)) that

LINDIWE NGCOBO ……….(describe plaintiff),

hereinafter called the Plaintiff(s))
hereby institutes action against him/her in which action the Plaintiff(s)
claims/claim the relief and on the grounds set out in the particulars annexed
hereto

Inform the defendant further that he wants to dispute the claim and wish to
defend the action , the defendant must :

i) Within 10 days of the service upon the defendant of this summons , file
with registrar of this court ……………. (address) , serve a copy to the
Plaintiff which the notice shall give an address referred to rule 19(3)
for the service upon the defendants of all notices and documents in
action .
ii) Thereafter within 20 days after filling serving notice of intention to
defend as aforesaid , file with the registrar and serve upon the plaintiff
a plea , exception , notice of strike out , with or without counterclaim

Inform the defendant further that the defend fail to serve notice as aforesaid , the
judgement as claimed may be given against the defendant without further notice
to the defendant , having filed and served such notice , the defendant fail . except
make application to strike out counterclaim , judgement may be given against the
defendant

And immediately thereafter serve on the defendant copy of this summons and
return the same to the registrar with whatsoever you have done thereupon .

Dated at Durban ……………………. Day of ………. 2016

…………………………………………
 Registrar of the KZN division
Durban

………………………………………..

Attorney of plaintiff
SUMMONS COMMENCING ACTION
IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF NORTH
WEST HELD AT POTCHEFSTROOM/ PRETORIA

CASE NO. 1245

In the matter between:

MARIA PIETERS Plaintiff
(BORN: STEWARD)
(ID: 8108205381 08 2)

AND

JACOBUS PIETERS FIRST DEFENDANT

(ID: 790420 0234 08 6)

GOVERNMENT EMPLOYEE PENSION FUND SECOND DEFENDANT

To the Sheriff or his/her deputy:

INFORM JACOBUS PIETERS (ID: 9903567890654) an adult male by occupation State Prosecutor at
Magistrate's Court in PRETORIA, residing at 12 Monica Avenue, PRETORIA (herein after referred to as
the First Defendant); and

GOVERNMENT EMPLOYEE PENSION FUND a Juristic entity governed by the Government Employee
Pension Fund Pension Law of 1996, as amended and a pension fund as contemplated in Section 1 (1)
Act 24 of 1956 and registered terms of the Act and primary place of business at 34 Hamilton Street,
PRETORIA, joined in this action as an interested party in terms of the relief sought against the First
Defendant (hereinafter referred to as the Second Defendant). With the exception of the
endorsement to be made against the Second Defendant as asked in prayer 3, no relief is asked
against the Second Defendant.

THAT MARIA PIETERS (BORN: STEWARD) (ID: 810820 5381 08 2) an adult female by occupation an
administrative assistant at Potchefstroom Primary School, Potchefstroom and resides at 19 Retief
Street Potchefstroom ( hereinafter referred to as the plaintiff )

INFORM the Defendants further that if Defendants disputes the claim and wishes to defend the
action the Defendants shall within 10 (TEN) days of the service upon the Defendants of this
summons file with the registrar of this court at (set out the physical address and electronic mail
address of the registrar of the court)notice of the Defendants intention to defend and serve a copy
thereof on the Plaintiffs attorney. which notice shall give an address referred to in rule 13(3) for the
service upon the Defendants of all notices and documents in the action;

THEREAFTER, and within 20 (TWENTY) after filing and serving notice of intention to defend as
aforesaid, file with the clerk of the court and serve upon the plaintiff or plaintiffs attorney a plea
(with or without a counter-claim [sic], or an exception or application to strike out in the manner and
within the timeframes provided for in rule 19.

INFORM the Defendants further that if the Defendants fail to file and serve notice as aforesaid,
judgment as claimed may be given against the Defendants without further notice to the Defendants,
or if, having filed and served such notice, the Defendants fails to plead, except or to counterclaim,
judgment may be give against the defendants .

INFORM the Defendants also that if the Defendants do not intend to defend the action, the
Defendants may give written notice to that effect to the Plaintiff and the registrar and the action
may then, at the written request of the Plaintiff, be forthwith set down by the registrar of hearing
without further notice to the Defendants.

And immediately thereafter serve on the Defendants a copy of this summons and return the same to
the registrar of the court with whatsoever you have done thereupon.

DATED at …………………….this……………………….day of …………….2019

………………………………………………………………………………
REGISTRAR/ASSISTANT REGISTRAR REGIONAL COURT

…………………………………………………………..
ATTORNEY FOR PLAINTIFF
ADDRESS
TO ; THE REGISTRAR
REGINONAL COURT
POTCHEFSTROOM OR PRETORIA

By hand
Particulars of claim

1.

The plaintiff is ………………….. ID number , description and employment . Remember to state further
referred to as the Plaintiff .

2.

The defendant is ……………………. ID number description and employment .

Further referred to as the defendant .

3.

Jurisdiction , which court can hear the matter . Arose in a certain courts jurisdiction( value that is
claimed ) , look at the cause of action , nature of claim and where the defendant resides .

4.

On or about ………… and at near Potchefstroom the Plaintiff and Defendant , both represented by
themselves , entered into an written agreement . ( describe the action and state , that your client is
the owner of the vehicle , if it was a contract start with cause of action but delict rather start with
ownership of the vehicle
5.

The terms of the contract was as follow ( what caused the accident , facta probata )
5.1
5.2
5.3

6.
Plaintiff performed ………………
( how the accident occurred – remember delictual elements that have to be proven , or how the
contract occurred )
7.
Notwithstanding the performance of the plaintiff the defendant has failed to ……………( make the
negligent causes applicable to your situation , explain what occurred )

8.
In the premises the defendant is indebted to the plaintiff for the amount of …….. ( damages occurred
, remember 3 quotations ) 9.
Letter of demand was sent ………………….. attach .

10 .
Despite demand ……………..

WHEREFORE THE PLAINTIFF PRAYS FOR AN ORDER IN THE FOLLOWING TERMS:

1. Payment of the sum of ……………………
2. Interest calculated at the rate of………………..
p from date of letter of demand
1. Costs of suit ;
2. Further alternative relief

………………………………………………. Date signed at ……………………………………..

Attorney
NOTICE OF INTENTION TO DEFEND

NOTICE OF INTENTION TO DEFEND

TAKE NOTICE that the defendant herewith gives notice of his intention to defend the action against
him.
TAKE FURTHER NOTICE THAT the defendant appoints the address below as the address for service
of any documents or pleadings on the defendant

DATED at ………………….on this …………day of…………….2020

Signed by Attorney
DEFENDANT ATTORNEY
The address of the
defendant
ADDRESSED TO: The Clerk of the Magistrate's Court

AND TO: Plaintiffs Attorney

ADDRESS

Reference:…………………………………………….
NOTICE OF BAR
Notice of Bar

Take notice that the Plaintiff herewith request the Defendant to file his Plea with 5 (five) days After
receipt hereof failing which he will ipso facto be barred to deliver his Defendant Plea in which even
the Plaintiff will apply for default judgment against the Defendant.

DATED at ………………………..on this ………………….day of …………………2020

Signed by Attorney
PLAINTIFF'S ATTORNEY
ADDRESS

ADDRESSED TO: The Clerk of the Magistrate's Court

AND TO: Plaintiffs Attorney

ADDRESS

Reference:…………………………………………….
EXAMPLE: Plea (admit)

o In the Particulars of claim: PLAINTIFF

o 3. The Plaintiff was at all relevant times the registered owner of the red
Toyota Quantum
o 4. The Defendant is in possession of the above-mentioned property.
THEN

In the PLEA: DEFENDANT

• 1.
AD PARAGRAPH 3 AND 4
> The Defendant admits the contents of these paragraphs.

EXAMPLE: Plea (avoidance)

o In Particulars of claim: PLAINTIFF
o 3. The Plaintiff was at all relevant times the registered owner of the red Toyota
Quantum with registration number caw23489 .

THEN
• PLEA: DEFENDANT

AD PARAGRAPH 3
• The Defendant has no knowledge of the allegations in paragraph 3 and cannot
admit or deny these allegation

EXAMPLE: Plea (denial)

o In the Particulars of claim: PLAINTIFF
o 3. On 19 January 2019 at or near Potchefstroom the partners entered into a
verbal agreement for the sale of the vehicle and the purchase price was set at
R 150 000.00
THEN
o IN THE PLEA: DEFENDANT
o AD PARAGRAPH 3
o The Defendant denies the content of this paragraph.
o The Defendant specifically pleads that he at no point entered into an
agreement with the Defendant and put Defendant to the proof thereof
 COUNTERCLAIM

1.
Brevitas causa the parties are referred to as in convention.

2.

Paragraph 1, 2 and 3 of the plaintiff’s particulars of claim are admitted.

3.

Paragraph 4 of the plaintiff’s particulars of claim is denied. The defendant claims that
He had no choice but to swerve in order to avoid a collision with the dogs. His
vehicle came very close to but never actually in contact with the plaintiff's
vehicle. This is a case of contributory negligence on the plaintiff's side. He
suspects that Mrs A was looking at her cellphone, because from his position in
the truck he was able to look into her car and saw the cellphone on her lap
immediately after the accident.

4.
Paragraph 5,6 and 7, the defendant has no knowledge of the stated that incidents.

5.
Paragraph 8 and 9 of the plaintiff’s particulars of claim are admitted.

6
Paragraph 10, the defendant has no knowledge of the stated that incidents.

Wherefore the defendant prays for judgment against the plaintiff for:
Dismissal of the plaintiff’s plea with costs.

DATED at ___2021_________________ this October_____ day of 4_____.

__________________________
Monde Gqetywa Attorneys
Attorney for the defendant
Admitted in terms of section
4(2) of Act 62 of 1995
8 Lillian Ngoyi Street
Johannesburg
2000
 APPLICATION TO AMEND PLEADINGS: HIGH COURT

THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL LOCAL DIVISION, DURBAN

In the matter between:

JOE SOAP Plaintiff

and

LINDIWE NGCOBO Defendant

PLAINTIFF'S NOTICE OF INTENTION TO AMEND HIS PARTICULARS OF CLAIM

IN TERMS OF RULE 28(1)

TAKE NOTICE that the Plaintiff intends to amend his particulars of claim
in this action in the following respects:

PARAGRAPH 3.3:
By the deletion of paragraph 3.3 thereof and substitution with the following:
[insert substitute paragraph]

TAKE NOTICE FURTHER that:

1. unless written objection to the proposed amendments is delivered within 10
(TBN) days of the delivery of this notice, the Plaintiff will effect the said
amendment to his particulars of claim;
2. in terms of the provisions of rule 28(3) an objection to the proposed
amendment is required to state clearly and concisely the grounds upon which
the objection is founded;
3. if no objection complying with the said requirements in rule 28(3) is delivered
within the said 10 (TEN) day period, every party who received notice of the
proposed amendment Shall be deemed to have consented to the
amendments and the Plaintiff will effect the amendments.
Summary judgment

In the Regional court for the Regional division of the

North-West held at Potchefstroom

CASE NUMBER: NWIRC/MHK 25/2023

In the matter between :

NAME APPLICANT
(identity numbers)

And
NAME (identity number) RESPONDENT

Take notice that application will be made to the above-mentioned court on the……………...
day of…………, 20… at…………… (time), for summary judgment against the respondent in this action for R
and costs.

And further take notice that the document on which the claim is based or the affidavit of
(Copy served herewith) will be used in support of such application and that
respondent may reply thereto by affidavit.

DATED at ……………………… on this …. day of ………. 2023

………………………………………………

Attorney of the Applicant

Address

TO: to the registrar

MAHIKENG

BY НАND

To ; defendants attorney
Summary judgment affidavit

I the undersigned,

NAME

Declare on oath as follows:

1.

I am the Plaintiff in this Matter with ID number … currently residing at …. The facts herein stated are

within my personal knowledge

2.

I confirm that the defendant in this Matter is … with ID number … currently residing at…

3.

Confirm jurisdiction

4.

The summons issued in the above honorable court with case number… was served and dated at … on
the

… day of … 2023 and find herein attached the return of service (if applicable)

5.

I confirm that the defendant is indebted to the plaintiff for the amount as in summons

6.

I confirm that no amount has been paid since the summons was issued and served. In the premises, I

therefore pray that …(prayers)… be granted against the defendant

Signed and sworn to at …(place)… on this …(day)… of …(month)…2023 by the deponent having

acknowledged that:

He/she knows and understands the content hereof and that it is true and correct; and

He/she has no objection to taking the prescribed oath; and

That he regards the prescribed oath as binding on his/her conscience

Commissioner of oaths

(SIGNATURE)
 DISCOVERY AFFIDAVIT
I the undersigned, (Name of Person making affidavit)

do hereby declare under oath as follows:

1.

I am the Defendant in the above matter and the facts contained herein fall within my personal
knowledge and save where otherwise provided.

2.

I have in my possession or under my control documents relating to this action which I intend to use
in this action which tend to prove or disprove either party's case, and which are set out in Schedule
"1" and Schedule "2" hereto.

3.

I object to the production of books or documents set forth in Schedule 1 Part 2 hereto on the
grounds that they fall within the doctrine of the legal professional privilege.

4.

That according to the best of my knowledge, information and belief, I have not now, and never had in
my possession, custody or power, any documents relating to the matter in question in the said suit,
other than and except the documents set forth in the said Schedules.

AND I MAKE THIS affidavit conscientiously believing same to be true and correct.

………………………………………………………………………………………

Signed by the Deponent

………………………………………………………………………………………….

Commissioned by Commissioner of Oaths

NOTICE IN TERMS OF RULE 23 of the Magistrate Court Rules

KINDLY TAKE NOTICE that the Plaintiff hereby requires:

1. The Defendant to make discovery on oath within 20 days of the service hereof
of all documents and tape recordings relating to any matter in question in this
action which are or have at any time been in the Defendant's possession or
control;
2. State a date and time at which the documents to be disclosed in the schedule
of documents may be inspected at the address for service of documents; and
3. Produce at trial herein all books, documents and records specified in the
schedule of documents together with all books of account, documents and
records reflecting the transaction sued upon herein.

DATED at POTCHESTROOM on this ……….day …………..of …………..2023.

…………………………
Plaintiff attorneys

To; the clerk of the court

And to : Attorney for the defendant

Notice of producer

NOTICE TO PRODUCE IN TERMS OF RULE (rule 35(12) hc / rule

23(13) MC )

To ; The registrar of the court

Mafikeng
And
To ; Defendant

KINDLY TAKE NOTICE THAT the plaintiff requires you to produce within five days of service
hereof, for inspection by the plaintiff the following documents referred to in the defendants
discovery affidavit, dated the ...day of ... 2023
The copy entered of the written contract entered into between the Plaintiff and defendant .

Details of documents:
(here you mention all the documents from the discovery affidavit that required)

DATED at Potchefstroom On this... day of... 2023

………………………………
Plaintiff attorney

HC – To the Registrar
MC – To the clerk of the court

To defendants attorneys
NOTICE OF INTENTION TO CALL EXPERT WITNESS

KINDLY TAKE NOTICE THAT the plaintiff intends to call ... (name)... as an expert witness

TAKE FURTHER NOTICE THAT a summary of evidence which such expert witness will give
at trial and his opinions and reasons therefor are contained in annexure 'A' hereto

AND TAKE FURTHER NOTICE that the opinion of the aforesaid expert is based upon his
qualifications, knowledge and experience in the field of assessing damaged motor vehicles
and the cost of repairing the same

………………………………………………

Attorney of the Applicant

Address

TO:THE CLERK OF THE MAGISTRATE'S COURT

POTCHESTROOM

BY HAND

AND TO:ATTORNEY FOR Respondent

ADDRESS

BY HAND
Notice of review

NOTICE OF REVIEW
TAKE NOTICE that the Applicant (the Defendant in the above-
mentioned case) hereby calls upon Honourable Magistrate .......... to
show cause why the proceedings in the matter between ......... (Plaintiff)
and ......... (Defendant) heard under case number ...... of ........ should not
be reviewed and corrected.

TAKE NOTICE FURTHER that Honourable Magistrate .....

.... is called upon
to dispatch, within 15 days after receipt of this notice, to the registrar of
the above-mentioned Honourable Court the record of the proceedings in
the above-mentioned case together with such reasons as he is by law
required or desires to give or make, and to notify the Applicant that he
has done so.

TAKE NOTICE FURTHER that the Applicant applies for review on the
basis that during the trial of the above-mentioned matter and before the
Applicant had called all of his witnesses and closed his case, the
Honourable Magistrate indicated to ........ that he would grant judgment
against the Applicant and that the said conduct of the Honourable
Magistrate constitutes a gross irregularity.

TAKE NOTICE FURTHER that the affidavit of ..... attached here to will
be used in support of the application.
No. 42 – Notice in terms of Rule 58(2)(a)
IN THE MAGISTRATE’S COURT FOR THE DISTRICT/REGION OF
………….…………………………………… HELD AT
……………………………………………………..……

CASE NO:
……………...………….………… In the matter between
.................................................................................................................................
Applicant
and
.................................................................................................................................
Respondent

To the above-mentioned respondent: TAKE NOTICE that if you intend to defend this
claim you must within 10 court days file a reply with the registrar of this court, giving
an address for service referred to in Rule 55(1)(g)(i) and serve a copy thereof on the
applicant or his or her legal practitioner. Should you not comply with the above, you
will then be automatically barred from defending and judgment may be given against
you as claimed. Your reply must indicate what allegations in the applicant’s
statement you admit or deny, and must concisely set out your defence.

DATED at …………..........................................………this……......…day
of…………........………20…...... ……………………………………………

Applicant/Applicant’s legal practitioner Address for service:

……………………...............................................................………….
……………………...............................................................………….
……………………...............................................................…………