| (a) |
An opposition by any person (hereinafter referred to as 'the opponent') in any matter in which opposition is allowed under the Act shall be brought by way of notice of opposition on Form D11 or in a form as nearly as possible in accordance with Form D11, and shall be supported by an affidavit as to the facts upon which the opponent relies for relief. |
| (b) |
A copy of such notice, and all annexures to it, shall be served upon every interested party. |
| (c) |
In such notice the opponent shall appoint an address for service in terms of regulations 6 and 7 at which he shall accept notice and service of all documents in the proceedings, and shall set forth a day, being not less than one month after service of the notice on an interested party, on or before which such interested party shall be required to notify the opponent and the registrar, in writing, whether he intends to contest such opposition. |
The notice shall further state that if no such notification by an interested party is given, the matter shall be set down for hearing on a stated date, being not less than ten days after expiry of the one-month period referred to above.
| (d) |
If an interested party does not, on or before the day mentioned for that purpose in the notice, notify the opponent and the registrar of his intention to contest the opposition, the opponent may set the matter on the roll for hearing by giving the registrar notice of set down before noon on the court day but one preceding the day upon which the matter is to be heard. |
| (e) |
Any interested party intending to contest the granting of an order sought (hereinafter referred to as 'the respondent') shall— |
| (i) |
within the time stated in the said notice, notify the opponent and the registrar in writing that he intends to contest the opposition; |
| (ii) |
appoint an address for service in terms of regulations 6 and 7 at which he shall accept notice and service of all documents; |
| (iii) |
within two months of notifying the opponent of his intention to contest the opposition, deliver his answering affidavit and supporting documents, if any; and |
| (iv) |
if he intends to raise any question of law only, deliver notice of his intention to do so, within the time stated in subparagraph (iii), setting forth such question. |
| (f) |
Within one month of the service upon him of the answering affidavit and documents referred to in paragraph (e) (iii), the opponent may deliver a replying affidavit. The registrar may in his discretion permit the filing of further affidavits. |
| (g) |
Where no answering affidavit or notice in terms of paragraph (e) (iv) is delivered within the period referred to in paragraph (e) (iii), the opponent may within ten court days of the expiry of the said period apply to the registrar to allocate a date for the hearing of the matter. |
| (h) |
Where an answering affidavit is delivered, the opponent may apply for such allocation within ten court days of the delivery of his replying affidavit or, if no replying affidavit is delivered, within ten court days of the expiry of the period referred to in paragraph (f). |
| (i) |
Where a notice in terms of paragraph (e) (iv) is delivered, the opponent may apply for the allocation of a date for the hearing within ten court days after delivery of such notice. |
| (j) |
If the opponent fails to apply to the registrar to allocate a date within the appropriate period, the respondent may do so immediately upon the expiry of such period. Notice of set down in writing of the date allocated by the registrar shall be given forthwith by the opponent or respondent, as the case may be, to the opposite party. |
| (k) |
Were an opposition cannot properly be decided on affidavit, the registrar may refer the matter to the Supreme Court or make such order as to him seems meet with a view to ensuring a just and expeditious decision. |
| (l) |
In the case of an application to strike out, which shall be brought by way of notice, the registrar may order to be struck out from any affidavit any matter which is scandalous, vexatious or irrelevant, with an appropriate order as to costs, including costs as between attorney and client. The registrar shall not grant an order unless he is satisfied that the applicant will be prejudiced in his case should it not be granted. |
| (a) |
Notwithstanding the foregoing, an interlocutory or other application incidental to pending proceedings or a pending application, including an application for an extension of time and condonation, may be brought on notice supported by such affidavits as the case may require and may be set down at a time assigned by the registrar. |
| (b) |
If the applicant in such an application wishes to rely on particular facts not apparent from the official record, an affidavit must be filed at the office at least ten court days before the hearing. In the event that the applicant does not file an affidavit, it shall be presumed that he intends to rely on those facts which are properly before the registrar. At any time within the period allowed for the filing of such an affidavit by the applicant, he may give written notification to the other party and to the registrar that he intends to rely on the facts which are properly before the registrar. |
| (c) |
After the applicant has filed his affidavit, the other party may file an answering affidavit at least seven court days before the hearing. In the event that the applicant does not file an affidavit in support of his application, the other party may file an affidavit at least seven court days before the hearing, setting out such facts as he may consider relevant. |
| (d) |
At least four court days before the hearing, the applicant may file an affidavit replying to any facts set out in the answering affidavit. |
| (e) |
A copy of any affidavit filed with the registrar in accordance with the foregoing shall be delivered to the other party to the proceedings at its appointed address for service. |
| (f) |
A notice of setdown shall be served upon every party to whom such notice is to be given at least ten court days prior to the hearing. |
| (g) |
Failure to comply with these provisions shall result in the matter being struck off the roll, and an appropriate award of costs shall be made by the registrar. |
| (a) |
In any opposed proceedings before the registrar in terms of this regulation which result in a hearing before the registrar, both parties to the matter shall file heads of argument at the office of the registrar not later than two court days before the date which has been set down for the hearing. |
| (b) |
Such heads of argument shall consist of a concise and succinct statement of the main points (without elaboration) intended to be argued. A list of authorities relied upon in support of each point shall also be supplied. |
Housing Development Agency Act, 2008
