Question
Mr Fearless approached the Bisho High Court on urgent basis for determination of an application for interim interdictory relief against his neighbour, Mr X. The
Mr Fearless approached the Bisho High Court on urgent basis for determination of an application for interim interdictory relief against his neighbour, Mr X. The applicant (Mr Fearless) approached the court on an ex-parte basis and obtained an interim order with a rule nisi against Mr X. The court papers and the interim order were later served on Mr X. The timeframes are truncated in line with Rule 6(12) of the Uniform Rules ('Rules') and Mr X is required to file opposing papers within five (5) court days. You are an Advocate who has been briefed in this matter and you are required to prepare opposing papers on behalf of Mr X, who is the respondent in these proceedings. You have noticed that the Applicant has not complied with Rule 41A of the Uniform Rules ('Rules). Now you have been instructed to draft a legal opinion on the effects of non-compliance with Rule 41A by the parties to the proceedings. Among the other thing, your opinion should cover the following points: 2.1 Is compliance with Rule 41A in this matter compulsory given that the court has already been asked to dispense with the forms and service provided for in the Rules? 2.2 Can non-compliance be considered as dispositive of the matter; and, 2.3 What are the possible responses available to the Respondent in terms of the Rules in cases of non-compliance with Rule 41A?
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