What is an interlocutory application?
- An interlocutory application can be defined as an application filed in a pending main case.
Does an interlocutory application initiate proceedings?
- Interlocutory applications do not initiate proceedings, they are only brought to achieve certain objectives with regards to already existing main actions or applications [See Pete, S et al Civil Procedure A Practical Guide 3rd Edition (Oxford University Press Southern Africa (Pty) Ltd 2017) 190].
- An interlocutory application is brought by a way of a Notice with supporting affidavit [See High Court Rule 6 and Magistrate Court Rule 55].
What are examples of interlocutory application?
- Application to compel discovery;
- Application for substituted service;
- Edictal citation application;
- Application to strike out;
- Summary judgement application, etc
