COMBINED SUMMONS

IN   THE   HIGH   COURT OF SOUTH   AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) CASE NO:                         /20__ In the matter between: JOHN LAWYER                                                                                                            (Plaintiff) and JANE LAWYER                                                                                                          (Defendant) __________________________________ TO THE SHERIFF/DEPUTY: INFORM JANE LAWYER, an adult female employed as a lawyer (hereinafter referred to as the Defendant) whose home and work address is 1 Lawyer Road, Cape Town, Western Cape THAT JOHN LAWYER, an adult male, employed as a lawyer (hereinafter referred to as the Plaintiff) whose home and work address is 2 Lawyer Road, Cape Town, Western Cape, hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the Particulars of Claim annexed hereto; INFORM the Defendant further that if he/she disputes the claim and wishes to defend the action he/she shall:-
  • within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
  • thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;
INFORM the Defendant further that if he/she fails to file and serve notice as aforesaid judgment as claimed may be given against him/her without further notice to him/her or if, having filed and served such notice, he/she fails to plead, except, or to counterclaim, judgment may be given against him/her; INFORM the Defendant also that if he/she does not intend to defend the action, he/she may give written notice to that effect to the Plaintiff’s Attorneys and the Registrar and the action may then, at the written request of the Plaintiff’s Attorneys, be forthwith set down by the Registrar for hearing;   And immediately thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatever you have done thereupon. DATED AT CAPE TOWN THIS         DAY OF                 202__. ……………………………………………………………… REGISTRAR OF THE HIGH COURT                                                                                  JOHN LAWYER   _____________________ Per.: John Lawyer (Plaintiff in person) 2 Lawyer Road Cape Town, 8001 Email: [email protected] Tel: 021 000000     To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN   And to:    JANE LAWYER (Defendant) 2 Lawyer Road CAPE TOWN   ____________________O0O___________________              

PLAINTIFF’S PARTICULARS OF CLAIM

  1. The Plaintiff and the Defendant are as described on the face of the Summons.
  2. The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
  3. On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
  4. Kindly find attached a copy of their marriage certificate marked “A”.
  5. There are no minor children born from the marriage.
  6. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
    • There is no love and affection; and
    • The Plaintiff no longer wish to be married to the Defendant.
  WHEREFORE PLAINTIFF PRAYS FOR:
  1. A Decree of Divorce;
  2. Equal Division of the Joint Estate;
  3. Costs, only in the event this action is defended; and
  4. Further and / or alternative relief.
DATE AT CAPE TOWN ON THIS ____ DAY OF _________ 2021. I AM MY OWN LAYWYER   _____________________ Per.: John Lawyer (Plaintiff in person) 2 Lawyer Road Cape Town, 8001 Email: [email protected] Tel: 021 000000   To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT HIGH COURT CAPE TOWN   And to:    JANE LAWYER (Defendant) 2 Lawyer Road CAPE TOWN _____________________O0O___________________ Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim
Posted on by Telelaw

COMBINED SUMMONS

IN   THE   HIGH   COURT OF SOUTH   AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO:                         /20__

In the matter between:

JOHN LAWYER                                                                                                            (Plaintiff)

and

JANE LAWYER                                                                                                          (Defendant)

__________________________________

TO THE SHERIFF/DEPUTY:

INFORM

JANE LAWYER, an adult female employed as a lawyer (hereinafter referred to as the Defendant) whose home and work address is 1 Lawyer Road, Cape Town, Western Cape

THAT

JOHN LAWYER, an adult male, employed as a lawyer (hereinafter referred to as the Plaintiff) whose home and work address is 2 Lawyer Road, Cape Town, Western Cape, hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the Particulars of Claim annexed hereto;

INFORM the Defendant further that if he/she disputes the claim and wishes to defend the action he/she shall:-

  • within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
  • thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;

INFORM the Defendant further that if he/she fails to file and serve notice as aforesaid judgment as claimed may be given against him/her without further notice to him/her or if, having filed and served such notice, he/she fails to plead, except, or to counterclaim, judgment may be given against him/her;

INFORM the Defendant also that if he/she does not intend to defend the action, he/she may give written notice to that effect to the Plaintiff’s Attorneys and the Registrar and the action may then, at the written request of the Plaintiff’s Attorneys, be forthwith set down by the Registrar for hearing;

 

And immediately thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatever you have done thereupon.

DATED AT CAPE TOWN THIS         DAY OF                 202__.

………………………………………………………………

REGISTRAR OF THE HIGH COURT                                                                                 

JOHN LAWYER

 

_____________________

Per.: John Lawyer

(Plaintiff in person)

2 Lawyer Road

Cape Town, 8001

Email: [email protected]

Tel: 021 000000

 

 

To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT

HIGH COURT

CAPE TOWN

 

And to:    JANE LAWYER

(Defendant)

2 Lawyer Road

CAPE TOWN

 

____________________O0O___________________

 

 

 

 

 

 

 

PLAINTIFF’S PARTICULARS OF CLAIM

  1. The Plaintiff and the Defendant are as described on the face of the Summons.
  2. The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
  3. On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
  4. Kindly find attached a copy of their marriage certificate marked “A”.
  5. There are no minor children born from the marriage.
  6. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
    • There is no love and affection; and
    • The Plaintiff no longer wish to be married to the Defendant.

 

WHEREFORE PLAINTIFF PRAYS FOR:

  1. A Decree of Divorce;
  2. Equal Division of the Joint Estate;
  3. Costs, only in the event this action is defended; and
  4. Further and / or alternative relief.

DATE AT CAPE TOWN ON THIS ____ DAY OF _________ 2021.

I AM MY OWN LAYWYER

 

_____________________

Per.: John Lawyer

(Plaintiff in person)

2 Lawyer Road

Cape Town, 8001

Email: [email protected]

Tel: 021 000000

 

To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT

HIGH COURT

CAPE TOWN

 

And to:    JANE LAWYER

(Defendant)

2 Lawyer Road

CAPE TOWN

_____________________O0O___________________

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

Best Divorce Lawyer Cape Town Western Cape - Summons and Particulars of Claim

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21 Relocation with my minor child to Nigeria, Lagos (Consent and Refusal) – Advocate Muhammad Abduroaf The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you. Relocation of your minor child to Lagos, Nigeria If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages three or four) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Cape Town or Johannesburg, South Africa, and you want to relocate to Lagos, Nigeria, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation. What about Passport Consent to travel or relocate to Lagos, Nigeria? The same applies when it comes to your minor child applying for a South African passport to relocate to Nigeria, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken. What are the steps to follow when I want to relocate to Lagos, Nigeria with my minor child? There is there another parent. To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Lagos, Nigeria. What can I do if the other parent does not want to consent to the minor child’s relocation to Lagos, Nigeria? If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Lagos, Nigeria, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Lagos, Nigeria. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Lagos, Nigeria, the Court would make it possible despite the issue of consent or refusal. What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Lagos, Nigeria? If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Lagos, Nigeria – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Lagos, Nigeria, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself. Getting legal assistance or help with your relocation application to Lagos, Nigeria If you require legal assistance or representation with relocating to Lagos, Nigeria due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

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