- Used where there are material disputes in facts;
- Instituted by summons;
- Evidence to be relied upon in supporting the claim is not disclosed in the statement;
- Further exchange of pleadings;
- Trial – wherein evidence in a form of testimonies and documentary is given to prove (or disapprove) the claims;
- More expensive and time consuming.
- Used where there are no material disputes in facts;
- Instituted by issuing of notice of motion and the founding affidavit;
- Evidence to be relied upon in supporting the claim is disclosed in the affidavit;
- Further exchange of affidavits;
- Trial – no oral evidence is given, and evidence led is restricted to the affidavits and the affidavits attachments;
- Less expensive and not time consuming.