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Blank Spoliaiotn

The document is a Notice of Motion and Founding Affidavit submitted to the Magistrates Court in Johannesburg, where the Applicant seeks an urgent spoliation order against the First Respondent and the Municipality. The Applicant requests condonation for non-compliance with service rules, and asserts that the First Respondent is engaging in unlawful acts and unfair practices. The application is set to be heard in April 2022, with a request for costs on an attorney/client scale in the event of opposition.

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16 views5 pages

Blank Spoliaiotn

The document is a Notice of Motion and Founding Affidavit submitted to the Magistrates Court in Johannesburg, where the Applicant seeks an urgent spoliation order against the First Respondent and the Municipality. The Applicant requests condonation for non-compliance with service rules, and asserts that the First Respondent is engaging in unlawful acts and unfair practices. The application is set to be heard in April 2022, with a request for costs on an attorney/client scale in the event of opposition.

Uploaded by

Lerato Ditsele
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IN THE MAGISTRATES COURT FOR THE DISTRICT OF

JOHANNESBURG CENTRAL HELD AT JOHANNESBURG

Case No:
In the matter between:

Applicant

And

First Respondent

…………… MUNICIPALITY Second Respondent

NOTICE OF MOTION

BE PLEASED TO TAKE NOTICE, that the Applicant intends to make application to


the above Honourable Court on _____ April 2022 at 10:00 or so soon thereafter as
counsel may be heard, for an order in the following terms:

1) That the Applicant’s non-compliance with regards to the rules pertaining to


service and time limits be and is hereby condoned;

2) That the Application be heard as one of urgency as contemplated in the


provisions of Rule 55 (5) (a) of the Magistrates Rules of Court;
2

3)
4) .
5) .
6) .Costs on an attorney/client scale in the event of opposition;

7) Further and or Alternative Relief.

DATED and SIGNED at ……………… on this …………. day of April 2022.

_______________________

DS ATTORNEYS
Ref: DS/_______

TO: THE CLERK OF THE ABOVE HONOURABLE COURT

AND TO:
3

IN THE MAGISTRATES COURT FOR THE DISTRICT OF JOHANNESBURG


CENTRAL HELD AT JOHANNESBURG

Case No:
In the matter between:

Applicant

And

First Respondent

…………… MUNICIPALITY Second Respondent

FOUNDING AFFIDAVIT

I, the undersigned

Identity Number

do herein hereby state under oath as follows:

1. I am an adult ......................
4

2. The facts herein contained fall within my personal knowledge and belief,
unless the context indicates to the contrary, and are true and correct.

3. Where I rely on information made available to me by others, I believe such


information to be true and correct.

4. Where I make submissions of a legal nature, I do so upon the strength of the


advice of my legal representatives, which I believe to be correct.

5. I am duly authorised to depose to this affidavit and to bring this application.

6. The above Honourable Court has the necessary jurisdiction to entertain this
matter as the whole cause of action arose within the area of jurisdiction of this
Honourable Court, and the parties are domiciled, alternatively employed,
alternatively conduct their business within this Honourable Court’s jurisdiction.

GROUNDS FOR THIS APPLICATION

7. I am applying for this urgent spoliation “mandament van spolie” on the basis
that:

7.1 All attempts to resolve the matter between the parties have failed;
7.2 The First Respondent continues to commit an unlawful act;
7.3 The First Respondent is also committing “unfair practice”.

8 I shall now proceed to set out the background of this application as well as the
circumstances which led to the launching of this urgent application.

BACKGROUND OF THIS APPLICATION

9. On or about the ……………I .


5

ONGOING ISSUES

10. Asides the points mentioned in paragraph 12 .

CURRENT ISSUE

11. It is trite that disconnecting .

CONCLUSION

12. The First Respondent has no legal right to .

WHEREFORE, I pray that this Honourable Court grants the relief sought in the Notice

of Motion to which this affidavit is annexed.

DATED and SIGNED at ………………………………. on this ………….day of April


2022.

____________________________
DEPONENT

SIGNED AT ON THE DAY OF 2022, THE DEPONENT


HAVING ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF
THIS AFFIDAVIT, THAT IT IS TRUE AND CORRECT, THAT HE HAS NO OBJECTION TO
TAKE THE PRESCRIBED OATH AND THAT THE PRESCRIBED OATH WILL BE BINDING
ON HIS CONSCIENCE.

_________________________
COMMISSIONER OF OATHS

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