April 4, 2017

Unopposed and opposed divorce: What’s the difference?

Unopposed and opposed divorce: What’s the difference? My spouse said that he/she won’t ‘give me a divorce’. What can I do? Your spouse can oppose the divorce, but it is the Court that grants a divorce, not your spouse. If you convince the court that the marital relationship has irretrievably broken down, the court can […]
March 16, 2017

I’m a witness in a court case: What must I do?

I’m a witness in a court case: What must I do? You might have seen something that you did not intend to see or you have decided that you want to be of help to someone. Either way, being a court witness is essential for many cases. It helps the court reach a fair verdict. […]
March 16, 2017

What is a summons?

What is a summons? A summons is a document that informs a defendant that he or she is being sued and asserts the jurisdiction of the court to hear and determine the case. A summons can be served for many reasons which include divorce proceedings, traffic fines, outstanding fees, etc. A simple summons sets out […]
July 26, 2016

What is the sequestration process?

What is the sequestration process? The sequestration process involves a court application. The applicant in the application is either yourself for your own sequestration (voluntary surrender) or the applicant is one of your creditors (either a friendly or aggressive creditor). The applications are similar and although there are some different requirements for each, the result […]
February 18, 2016

Do’s and Don’ts of suretyship

Do’s and Don’ts of suretyship On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger[1], the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the contract to which a deed of suretyship is […]

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