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    Form CIV 4 - Summons Commencing Action - Magistrates Court

    Uploaded by

    Panganayi James
    This document is a summons commencing an action in the Magistrate's Court. It summons the defendant to enter an appearance within a specified number of days to defend against the plaintiff's claim of $XXX and costs. If the defendant does not enter an appearance, they will be held to have admitted the claim. The summons provides details of the plaintiff and defendant, as well as instructions on entering an appearance to defend or consenting to judgment. It also includes forms for consenting to judgment or entering an appearance to defend that must be filed with the clerk of court and served on the plaintiff.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Form CIV 4 - Summons Commencing Action - Magistrates Court

    Uploaded by

    Panganayi James
    705 views3 pages
    This document is a summons commencing an action in the Magistrate's Court. It summons the defendant to enter an appearance within a specified number of days to defend against the plaintiff's claim of $XXX and costs. If the defendant does not enter an appearance, they will be held to have admitted the claim. The summons provides details of the plaintiff and defendant, as well as instructions on entering an appearance to defend or consenting to judgment. It also includes forms for consenting to judgment or entering an appearance to defend that must be filed with the clerk of court and served on the plaintiff.

    Original Description:

    How to draft summons. A sample of the document.

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    This document is a summons commencing an action in the Magistrate's Court. It summons the defendant to enter an appearance within a specified number of days to defend against the plaintiff's claim of $XXX and costs. If the defendant does not enter an appearance, they will be held to have admitted the claim. The summons provides details of the plaintiff and defendant, as well as instructions on entering an appearance to defend or consenting to judgment. It also includes forms for consenting to judgment or entering an appearance to defend that must be filed with the clerk of court and served on the plaintiff.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    705 views3 pages

    Form CIV 4 - Summons Commencing Action - Magistrates Court

    Uploaded by

    Panganayi James
    This document is a summons commencing an action in the Magistrate's Court. It summons the defendant to enter an appearance within a specified number of days to defend against the plaintiff's claim of $XXX and costs. If the defendant does not enter an appearance, they will be held to have admitted the claim. The summons provides details of the plaintiff and defendant, as well as instructions on entering an appearance to defend or consenting to judgment. It also includes forms for consenting to judgment or entering an appearance to defend that must be filed with the clerk of court and served on the plaintiff.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Form CIV 4

    Summons Commencing Action


    No. ..........................
    Issued by ..........................................
    Clerk of the Court

    MAGISTRATE’S COURT: PROVINCE OF ...........................................HELD


    AT .................................................
    PLAINTIFF: .......................................................................................................
    TO: DEFENDANT:
    .............................................................................................................................
    You are hereby summoned that you do within ………… days after the service of the
    Summons upon you, enter or cause to be entered with me, and also the plaintiff or
    his or her legal practitioner at the address specified herein an appearance to defend
    (i.e. file a notice of intention to defend) to answer the claim of:
    ................................................ the plaintiff herein for
    $...........................................and costs, particulars whereof are endorsed hereon.

    TAKE NOTICE THAT:

    1. In default of your doing so you will be held to have admitted the said claim,
    and the plaintiff may proceed therein and judgment may be given against you
    in your absence, but that, on payment of the said claim and costs to me within
    the said time, judgment will not be given against you herein; and that if, before
    the expiration of the said time you so pay lodge with me and the plaintiff or
    his or her legal practitioner a consent to judgment, you will save judgment
    charges.

    2. If you allege any exception, defence or counter-claim you must within seven
    days after appearance, deliver to me and to the plaintiff within seven days
    after appearance, deliver to me and to the said plaintiff or his or her legal
    practitioner a statement in writing of the nature and grounds thereof.
    PARTICULARS:
    PLAINTIFF’S
    LEGAL
    PRACTITIONER
    ADDRESS
    Costs, if the action is undefended:
    Legal practitioner’s Summons Charges
    Court fees
    Messenger’s Fees on Re-issue
    SUB-TOTAL
    Legal practitioner’s Judgment Charge
    TOTAL ________________
    Messenger’s Fees
    .............................................................................................................................
    (Endorsement on back of summons)

    CONSENT TO JUDGEMENT

    I admit that l am liable to the plaintiff as claimed in this summons (or in


    the amount of $.............................................and costs to date) and l consent to
    judgment accordingly.

    Dated this ........................................day of ............................................ 20 .......

    .............................................
    Defendant

    APPEARANCE TO DEFEND To: (1) THE CLERK OF COURT


    (2) PLAINTIFF OR PLAINTIFF’S LEGAL
    PRACTITIONERS
    Enter an appearance for the Defendant who intends to defend action.
    Dated this ........................................day of ............................................ 20 .......
    .............................................................................................................................
    Defendant or Defendant’s Legal practitioner
    Address for service:
    .............................................................................................................................
    .............................................................................................................................
    Postal Address
    .............................................................................................................................
    .............................................................................................................................
    Note 1: In terms of the Rules where Defendant wishes to consent to judgment
    or to enter an Appearance to Defend, a notice in the appropriate form
    shown above must be filed with the clerk of court and a copy served
    on the Plaintiff.
    Note 2: In terms of the rules, the plaintiff and the defendant are required to
    give an address for service within a radius of the court-house from
    which the summons is issued.

    Form CIV 5
    Particulars of Claim

    (1) The plaintiff’s claim is


    ……………………………………………………………………………………………………………
    ……………………………………………………………………………………………………………
    .…………………………………………………………………………………………………………
    …….…………………………………………………………………………………………………….
    …..……….………………………………………………………………………………………………
    ……………………………………………………………………………………………………………

    ........................................................................

    Plaintiff or Plaintiff’s Legal practitioner.


    Address: .........................................................................................................
    Postal Address: ..............................................................................................

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