30 Questions
What must the applicant set out in a form suitable to be made an order of court?
The relief sought
What is the minimum time period within which notice of opposition should be given after being served with the notice of motion?
5 days
What is the consequence of failing to give notice of opposition within the specified time period?
The application will be made to court on an unopposed basis
Who must sign the notice of motion?
The applicant's attorney
What is the purpose of the founding affidavit?
To set out the facts upon which the applicant relies
What is the minimum time period within which the respondent's answering affidavit should be delivered?
14 days
According to Dowling J, what is required for a respondent to record a denial of material averments?
A bare denial of material averments without evidence in support
What is the consequence of a respondent's bare denial of material averments?
The court will conduct a preliminary examination of the position
What is the requirement for a respondent to defeat an applicant's right to secure relief by motion proceedings?
Enough must be stated to enable the court to conduct a preliminary examination
What is the role of the court in cases where a respondent records a denial of material averments?
To conduct a preliminary examination of the position to ascertain the genuineness of the denial
What is the circumstance under which a respondent may not be compelled to set out their full evidence in their replying affidavits?
When a genuine dispute of fact has been shown to exist
What is the purpose of the court's preliminary examination of the position in cases where a respondent records a denial of material averments?
To ascertain whether the denials are not fictitious and intended merely to delay the hearing
What is the first step for a respondent who wishes to oppose an application?
Notify the applicant of their intention to oppose
Within how many days must a respondent deliver an answering affidavit?
14 days
What happens if a respondent does not serve the applicant with a notice to oppose?
The applicant is entitled to apply for a judgment by default
What must a respondent appoint in their notice of intention to oppose?
An address for service of documents
What is the purpose of Rule 8(9)?
To enable an applicant to apply for a judgment by default
What is the consequence of a respondent raising a question of law without an answering affidavit?
The respondent must notify the applicant of their intention to do so
What might a respondent be permitted to do if they are suddenly confronted with a complex application without much notice?
Take a preliminary point
Why should a respondent not omit to prepare and file their opposing affidavits and merely take a preliminary objection?
Because it may lead to an undue protraction of the proceedings
What is the consequence of granting a postponement to enable the respondent to prepare and file their opposing affidavits?
The application procedure may be handled in a piecemeal manner
According to Rule 8(11), what is the time frame within which the applicant may deliver a replying affidavit?
Within seven days of the service upon him of the answering affidavit
What is the main reason why a respondent should prepare and file their opposing affidavits?
To avoid an undue protraction of the proceedings
What is the Court reluctant to do in the context of the application procedure?
Hear the case without giving the respondent an opportunity to file opposing affidavits
What is the main consideration when deciding whether to permit or strike out additional facts or grounds for relief raised in the replying affidavit?
The applicant's knowledge of the new material at the time of the founding affidavit
What is the primary purpose of Rule 8(12)?
To ensure that no further affidavits can be filed without the court's permission
In what type of case would the court more readily allow an applicant to utilize and enlarge upon new information revealed by the respondent?
When the respondent's answering affidavit reveals new information
What is the general principle in determining whether to grant leave to file further affidavits?
The court will only grant leave in exceptional or special circumstances
What is the significance of the Mangoejane v Mangoejane case?
It clarified the distinction between cases where the applicant knew about the new material and those where the respondent revealed it
What is the role of the court in determining whether to grant leave to file further affidavits?
The court's discretion is limited to granting leave only in exceptional or special circumstances
This quiz tests your understanding of the legal case R Bakers (Pty) Ltd v Ruto Bakeries (Pty) Ltd, focusing on the views of Dowling J regarding the respondent's right to record a bare denial of material averments without evidence. Assess your knowledge of this important legal precedent.
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