6 Feb 2009
MOHAMMAD, AMJAD v. JOHN M PICKAVANT & CO SOLICITORS
- Citation
- MOHAMMAD, AMJAD v. JOHN M PICKAVANT & CO SOLICITORS
- Court
- District Court
- Case number
- DCEC1789/2006
Rule 21 is framed in the present tense and applies to the actual trial; it does not apply to a pre-trial summons application. Order 38 rules 4 and 36 are not directly applicable at this stage. There was therefore no legal basis for the summons as taken out. The court ordered relief in terms of (1), (3) and (4) of the summons and ordered costs of the summons application to be costs in the cause with a certificate for counsel.