Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
11 Cards in this Set
- Front
- Back
|
Provisional sentence |
Creditor in possession of a liquid document, signed by the debtor or his agent may obtain a speedy judgement |
|
|
When will a provisional sentence be granted |
When the plaintiffs action is founded upon a document in which the defendant has unconditionally acknowledged his indebtedness to the plaintiff in a fixed and definite amount of money |
|
|
how to oppose provisional sentance |
1)Serve and file an affidavit disputing liability, stating whether he admits or denies the signature on the document. 2)Appear in court personally or by legal practitioner on the day named on the summons |
|
|
Refusal of provisional sentence Twee jonge gezellen v land |
the court will refuse if there is: an inability to satisfy the judgement debt; an even balance of prospect of sucess in the main case on the papers; and a reasonable prospect that oral evidence may tip the balance of prospective sucess in his or her favour. |
|
|
Default judgement |
If the defendant does not give notice of inyention to defend or is in default of a plea after he has been barred from delivering one may apply for default judgement. |
|
|
pre-printed form method |
Used when a defendant is in default of delivery of a notice of intention to defend or of a plea, and the claim is for a debt or liquidated demand |
|
|
What may the registrar do in terms of uniform rule 31(5) |
1)Grant judgement 2)grant judgment for part 3)refuse judgement 4)Postpone 5) request oral or written submissions vi)require matter be set down for hearing |
|
|
influence of constitution |
Only court may declare a person's primary residence executable |
|
|
Summary judgement |
plaintiff believes no bona fide defence: 1)Based on a liquid document 2)for a liquidated amount in money 3)for delivery of specified movable property d)for ejectment |
|
|
requirements |
appli must be delivered within 15 days of NoItD |
|
|
how to prevent summary judgement |
1)give security 2)affidavit that he has a bona fide defence |
