08/10/2022
HOW TO DRAFT A NOTICE OF MOTION BY HEART - Easy peasy!
Memorize these acronyms and thank me forever.
6 things are very important as per the rules of the court;
1. K.T.N.A: KINDLY TAKE NOTICE than an application will be made to this above honourable court for ;
2. TERMS OF ORDER: an order in the following terms - this is where you write what you want the court to do.
if it's an urgent application, the terms of order must begin with;
(a) That this application be entertained as a matter of urgency
(b) Continue with other terms in sub paragraphs as per the set of facts, don't forget that you must RULE NISSI - this is the time frame that the respondent has to respond and show cause as to why the application should not be granted or made an order.
3. ANNEXURE: Supporting affidavit and other document in support of the application must be attached and marked as Annexure A, B, C, etc depending on how many supporting documents you intend to attach. You will see this from the set of facts.
4. COA: COST OF THIS APPLICATION - who must bear the cost of the application, this is important as per the rules, if you don't state this, you will lose mark, in practice, you cannot claim such cost from the other party if you didn't state so in your application.
5. FAR: FURTHER/AND OR ALTERNATIVE RELIEFS - always plead for this in your application, you are asking the court to grant any other relief besides the one you are seeking as they deem fit.
6. KEMA: KINDLY ENROLL THE MATTER ACCORDINGLY - that the matter be enrolled for hearing so that the court can make a ruling as they deem fit.
- Signature and address of the attorney, telephone number, fax etc.
- Notification to the officer of the court of Juridiction and all the parties concerned in the matter.
This is how to draft Notice of motion by heart for exam and practice purposes.
I hope this helps, you will also love my book on civil procedure, hope you will support me by buying a copy when the book is published, in the mean time, Join my mentorship programme to learn more about how to draft an easy peasy way.
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