A summary judgement is a judgment given by a judge without the need to go through a full trial. The judge will examine the evidence and make their decision based on this without hearing from both parties. It is used when there are not any substantial disputes about the facts of the case and it can be determined that one party has more rights than the other.
What is the summary judgement procedure in South Africa?
The summary judgment procedure is a legal procedure that is used to decide cases that can be decided quickly and easily. Summary judgments are usually granted in cases where there are no disputes about the facts but the law is unclear.
Summary judgment can be sought in certain circumstances when an action is defended, that is, when the person being sued gives an answer to the summons and does not dispute any of the facts set out in the plaintiff’s statement of claim.
What claims in summary judgements focus on?
The most common type of summary judgement is an order for transfer, which transfers ownership of land or property from one party to another. Ejectment is the process by which someone who has been unlawfully and wrongfully deprived of possession of land or property can regain possession from the person who has been unlawfully and wrongfully depriving them. Other claims include delivery of goods, rendering an account by a partner and cancellation of a contract.
