Legal Case: R Bakers (Pty) Ltd v Ruto Bakeries (Pty) Ltd
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Questions and Answers

What must the applicant set out in a form suitable to be made an order of court?

  • The affidavit of the respondent
  • The facts of the case
  • The relief sought (correct)
  • The notice of motion
  • What is the minimum time period within which notice of opposition should be given after being served with the notice of motion?

  • 5 days (correct)
  • 7 days
  • 10 days
  • 14 days
  • What is the consequence of failing to give notice of opposition within the specified time period?

  • The application will be dismissed
  • The applicant will be penalized
  • The application will be made to court on an unopposed basis (correct)
  • The respondent will be fined
  • Who must sign the notice of motion?

    <p>The applicant's attorney</p> Signup and view all the answers

    What is the purpose of the founding affidavit?

    <p>To set out the facts upon which the applicant relies</p> Signup and view all the answers

    What is the minimum time period within which the respondent's answering affidavit should be delivered?

    <p>14 days</p> Signup and view all the answers

    According to Dowling J, what is required for a respondent to record a denial of material averments?

    <p>A bare denial of material averments without evidence in support</p> Signup and view all the answers

    What is the consequence of a respondent's bare denial of material averments?

    <p>The court will conduct a preliminary examination of the position</p> Signup and view all the answers

    What is the requirement for a respondent to defeat an applicant's right to secure relief by motion proceedings?

    <p>Enough must be stated to enable the court to conduct a preliminary examination</p> Signup and view all the answers

    What is the role of the court in cases where a respondent records a denial of material averments?

    <p>To conduct a preliminary examination of the position to ascertain the genuineness of the denial</p> Signup and view all the answers

    What is the circumstance under which a respondent may not be compelled to set out their full evidence in their replying affidavits?

    <p>When a genuine dispute of fact has been shown to exist</p> Signup and view all the answers

    What is the purpose of the court's preliminary examination of the position in cases where a respondent records a denial of material averments?

    <p>To ascertain whether the denials are not fictitious and intended merely to delay the hearing</p> Signup and view all the answers

    What is the first step for a respondent who wishes to oppose an application?

    <p>Notify the applicant of their intention to oppose</p> Signup and view all the answers

    Within how many days must a respondent deliver an answering affidavit?

    <p>14 days</p> Signup and view all the answers

    What happens if a respondent does not serve the applicant with a notice to oppose?

    <p>The applicant is entitled to apply for a judgment by default</p> Signup and view all the answers

    What must a respondent appoint in their notice of intention to oppose?

    <p>An address for service of documents</p> Signup and view all the answers

    What is the purpose of Rule 8(9)?

    <p>To enable an applicant to apply for a judgment by default</p> Signup and view all the answers

    What is the consequence of a respondent raising a question of law without an answering affidavit?

    <p>The respondent must notify the applicant of their intention to do so</p> Signup and view all the answers

    What might a respondent be permitted to do if they are suddenly confronted with a complex application without much notice?

    <p>Take a preliminary point</p> Signup and view all the answers

    Why should a respondent not omit to prepare and file their opposing affidavits and merely take a preliminary objection?

    <p>Because it may lead to an undue protraction of the proceedings</p> Signup and view all the answers

    What is the consequence of granting a postponement to enable the respondent to prepare and file their opposing affidavits?

    <p>The application procedure may be handled in a piecemeal manner</p> Signup and view all the answers

    According to Rule 8(11), what is the time frame within which the applicant may deliver a replying affidavit?

    <p>Within seven days of the service upon him of the answering affidavit</p> Signup and view all the answers

    What is the main reason why a respondent should prepare and file their opposing affidavits?

    <p>To avoid an undue protraction of the proceedings</p> Signup and view all the answers

    What is the Court reluctant to do in the context of the application procedure?

    <p>Hear the case without giving the respondent an opportunity to file opposing affidavits</p> Signup and view all the answers

    What is the main consideration when deciding whether to permit or strike out additional facts or grounds for relief raised in the replying affidavit?

    <p>The applicant's knowledge of the new material at the time of the founding affidavit</p> Signup and view all the answers

    What is the primary purpose of Rule 8(12)?

    <p>To ensure that no further affidavits can be filed without the court's permission</p> Signup and view all the answers

    In what type of case would the court more readily allow an applicant to utilize and enlarge upon new information revealed by the respondent?

    <p>When the respondent's answering affidavit reveals new information</p> Signup and view all the answers

    What is the general principle in determining whether to grant leave to file further affidavits?

    <p>The court will only grant leave in exceptional or special circumstances</p> Signup and view all the answers

    What is the significance of the Mangoejane v Mangoejane case?

    <p>It clarified the distinction between cases where the applicant knew about the new material and those where the respondent revealed it</p> Signup and view all the answers

    What is the role of the court in determining whether to grant leave to file further affidavits?

    <p>The court's discretion is limited to granting leave only in exceptional or special circumstances</p> Signup and view all the answers

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