Burness & Cooper v Riley [1915] ZATPD 44 (8 June 1915)

Practice-Summons.-Not signed by Clerk of Court -Objection by defendant -Waiver.

A plaintiff issued a summons which was not signed by the Messenger of the Court.The defendant entered appearance and filed a plea on the merits. The hearing
was thereafter postponed twice with the consent of the defendant. When the case ultimately came on, and anly after the plaintiff had drawn the attention
of the Court to the irregularity and had applied to the magistrate to allow the summons to be signed, defendant objected asked for a dismissal of the summons. Held, that defendant had waived ariy objection to the irregularity
in the summons.