Page 12 - Litigating in the Land Claims Court: Training Manual

LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL LITIGATION IN IN IN THE LAND CLAIMS COURT TRAINING MANUAL 30 Unopposed applications can be set down for hearing in in Motion Motion Court Court The Motion Motion Court Court at at the LCC is currently convened once a a a a month month on on on on on on the the the last Monday of of each month month during the the the terms of of the the the LCC 10
ii) Procedure in the urgent application 31 For urgent applications a a a different procedure procedure is followed The procedure procedure requires the Judge President to determine whether the the the matter is is urgent and then to issue directives In summary:
31 1 1 1 1 The notice notice of of motion11 and the the founding affidavit are issued In the the notice notice of of motion motion it it has to be stated that the the matter is urgent urgent and and shall be treated as urgent urgent and and request the the Court to condone non-compliance with the the the the Rules of the the the the LCC In the the the the founding affidavit it it it should also be stated that the the the the matter is urgent and the reasons for urgency 31 2 The notice of of motion and the the the the founding affidavit is is then emailed or faxed to the the the the Registrar of of the the the the LCC It must be be accompanied by a a a a a a a a letter stating that that the matter is is urgent and that that directives be be issued 12
31 3 3 The The judge judge judge president will will either deal with the the the matter or allocate it it it to another judge judge judge The The judge judge judge will will consider the the application and if he he he he he he or or she she is is is is satisfied that the the matter is is is is urgent he he he he he he or or she she will issue the the the directives If the the the judge is is is of of the the the opinion that issuing of of an an interim order is is is justified he he he he he or or she can issue an interim order together with the the the the directives The matter is is then determined according to to the the the the directives 32 The directives shall contain the following:
32 1 the the the manner in which the the the application must be served on on on the the the respondents 32 2 2 the the date of of service of of the the application 32 3 3 the the date in which the the return of service must be filed 32 4 the the the the date and the the the the venue of of the the the the hearing of of the the the the application 32 5 the the the date in in which the the the notice to participate and and the the the answering affidavit must filed and and served 32 6 the the date in in which the the replying affidavit must be filed 32 7 the the date in in in which the the court file must be indexed and paginated 32 8 the the date in which the the applicant must file his or her heads of argument and 32 9 the the date in which the the respondent must file his or her heads of argument 10
Practice Direction No 9 11 In the the the the the the the the notice notice of motion the the the the the the the the Applicant Applicant has to to state that: “your notice notice must reach the the the the the the the the Registrar and and the the the the the the the the Applicants’ Attorney within the the the the the the the the period set out in in in in in the the the the the the the the attached directives from the the the the the the LCC (in counting the the the the the the days days days days do not not not include Sundays Saturdays and and public holidays)”
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See Rule Rule 34 of of the the Rules of of the the LCC PAGE 12
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