Chapter 7- Parties and Citations

• What is the party requesting legal relief called in trial-action proceedings? And what is the party opposing the granting of legal relied referred to as?


  The plaintiff and the defendant
• In application proceedings the party requesting legal relief is referred to as the …. and the party opposing the granting of legal relief is referred to as the…?


  The applicant and the respondent.
• What is the plaintiff referred to as?

  Dominus litis
• What does locus standi mean?

  Refers to a determination of whether the correct party is before the court.
• An analysis of a party’s locus standi involves a consideration of two distinct legal concepts. There are?


  -Examining whether the litigating party has sufficient interest in the right that is the subject matter of litigation.

  -Examining whether the party has the capacity to sue or be sued.
• In terms of the common law, the party instituting the proceedings and bringing the claim must possess a direct and substantial interest in the right that is the subject matter of the litigation.
• The citation of a plaintiff as the principal litigant must include the following factual content:

  • Full names, first names and surname
  • Adult
  • Gender (if natural person)
  • Occupation
  • Residence or place of business address
• What is the citation of a Juristic litigant?

  Plaintiff is XYZ (pty) Ltd (registration number x of xxxx), a company with limited liability and duly incorporated in terms of the Companies Act, with its registered address at ….
• What is the concept of joinder?

  Joinder is a procedure by which multiple parties or multiple causes of action are joined together in a single action.
• What is the primary rationale for joinder of parties or causes of action?

  To save costs and time spent in court and to prevent a multiplicity of actions.
• What are the two types of joinder in the High Court?

  -Joinder of convenience which is defined in HCR 10

  -Joinder of necessity which is determined through common law