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

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