oa De Rebus - Encumbering proceedings for the plaintiffs - recent changes to the summary judgment procedure : feature

Volume 2015, Issue 557
  • ISSN : 0250-0329



The origins of the summary judgment as a procedural remedy is well entrenched within our current legal system, and can be traced back to 1855 when the British parliament enacted Order XIV under the Judicature Acts, in order to grant plaintiffs speedy relief against defendants who did not have a bona fide defence to claims 2009 (5) SA 1 (SCA) at para 29; see also SJ Van Niekerk, HF Geyer and ARG Mundell (Durban: LexisNexis 2012) at 1 - 6).

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