Clur v Viljoen [1914] ZATPD 90 (14 August 1914)

Reported
Flynote

Pmctice.-Set down.-Notice.-Rules 27, 34, 96, 97.-Pretoria Attorney. Magistrate's court.-Summons.-Annevures.-Pleading evidence.Material allegations.-Bill of Costs.-Taxation as between
Party and Party.-Agency.-Allegation of Termination of Technical Objections.-Prejudice.

Case summary

Where notice of set-down is given by a country .attorney, it is advisable that he should notify the other party of a; Pretoria address where process can be served; notice of set down can, however, be given otherwise than through a Pretoria attorney.
The annexure of documents to a summons, with the prayer that they be regarded as inserted therein, does not necessarily amount to pleading evidence, and material allegations which are wanting in the summons itself may be supplied from such documents. Jones v. Kuranda (1910, T.P.D. 585) discussed. "Tecnnical objections in Magistrate's Courts should not be encouraged where no prejudice is sustained.


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