Union Government v Milne & Orr [1911] ZATPD 80 (5 June 1911)

Practice - Trial - Setting Down - Rights of Parties - Power of Court to disallow trial on day chosen - Rule 125

Under Rule of Court 125 a party has the right to set a·case down for trial on any open day he pleases, but the Court, at the instance of another party, may refuse to allow the case to be tried that day, if the latter party show that some injustice or great inconvenience will be occasioned by hearing the case on the day chosen.

The fact that a case has been set down for trial on the Friday next proceeding the last week of term, and that the case is likely to last for three or four days and may not be reached on the said Friday, is not a sufficient reason for the Court to refuse to let the case stand on the roll for the said Friday. [Curlewis, J., diss.]