1. Initiating a Civil Case
  • The process starts when the plaintiff (the person bringing the claim) serves a summons on the defendant (the person being sued).
  • The summons must outline the plaintiff’s claim and be issued by either the Magistrate’s Court or the High Court, depending on the case value and complexity.
  1. Defendant’s Response
  • The defendant has a set time (usually 10 days) to respond by filing a Notice of Intention to Defend.
  • If the defendant fails to respond, the plaintiff may apply for default judgment.
  1. Pleadings
  • If the defendant defends the case, both parties exchange pleadings, which include:
    • Plaintiff’s particulars of claim (detailed statement of the case).
    • Defendant’s plea (their defense).
    • Possible counterclaims or exceptions (if applicable).
  1. Discovery
  • Both parties exchange documents and evidence relevant to the case.
  • This step ensures transparency before the trial begins.
  1. Pre-Trial Conference
  • The court may order a pre-trial conference to narrow down issues and possibly settle the case before trial.
  1. Trial
  • Both sides present their case, including:
    • Witness testimony
    • Cross-examination
    • Legal arguments
  • The judge or magistrate then makes a ruling based on the evidence presented.
  1. Judgment and Enforcement
  • If the plaintiff wins, the court issues a judgment against the defendant.
  • The plaintiff can enforce the judgment through mechanisms like warrants of execution (seizing assets) or garnishee orders (deductions from wages).
  1. Appeals and Reviews
  • If a party is dissatisfied with the judgment, they can apply for:
    • Leave to appeal (if there are legal grounds).
    • Review (if procedural errors occurred).

We assist in: –

  • Jurisdiction and Decorum
    • The High Court has jurisdiction over matters of which the claim and or damages exceeds the amount of R400 001.00
    • Address the Court as “my Lord” or “my Lady”
    • Dress appropriately
    • Be on time
  • Civil Litigation
    • Action proceedings
      • Summons / Combined Summons – PHONE AN ATTORNEY IMMEDIATELY
      • Defend: YOU MUST DEFEND in the time allowed otherwise the Plaintiff can obtain judgment against you.
    • Application proceedings
      • Notice of Motion – PHONE AN ATTORNEY IMMEDIATELY
      • Oppose: YOU MUST OPPOSE in the time allowed otherwise the Plaintiff can obtain judgment against you.
  • Collections
    • Letter of Demand
      • If a person or an institution owes you money, act on it.
      • If your Lessee/Tenant (Huurder) is late with payment, place that person/s in mora, in writing, or PHONE AN ATTORNEY

MAGISTRATE COURT LITIGATION

  • Regional Magistrates Court
    • Matters of which the claim and or damages is not lower than R200 001.00 but does not exceed the amount of R400 000.00
    • Address the Court as “Your Worship”
    • Dress appropriately
    • Be on time
  • District Magistrates Court
    • Matters of which the claim and or damages is lower than R200 000.00
    • Address the Court as “Your Worship”
    • Dress appropriately
    • Be on time