STAGES IN ACTION PROCEEDINGS – By Oritonda Rambuda

  1. Before litigation:
  • These are the questions that one needs to ask themselves before commencing with any claim:
    • Cause of action;
  • This is to identify if one has a valid cause of action.
    • Locus standi;
  • This is to identify if one has the necessary standing to appear before the court.
    • Jurisdiction;
  • Which court has the jurisdiction to adjudicate upon the matter.

 

  1. Litigation:
    • Demand;
    • Calculation of time limits (as per applicable rules);
    • Service of legal documents;
    • Action (commenced by summons) or application (commenced by Notice, with founding affidavit) proceedings.
    • Exchange of Pleadings;
    • Trial preparation;
    • Trial;
    • Judgement (include interest and costs).

 

  1. After litigation:
    • Appeal or review (where a party is not satisfied with the order given).
    • Debt Collections procedure(s), ie: issuing of warrant of execution in order to give effect to the order.

 

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