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Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Rules

Rules Regulating Matters in respect of Small Claims Courts

18. Second or further warrants

 

(1) Where any warrant has been lost or mislaid, the clerk of the court may upon the written application of any interested party issue a second or further warrant on such conditions as he may determine.

 

(2) The provisions of subrules (1) to (6), inclusive, of rule 17 shall mutatis mutandis apply to any such warrant issued by the clerk of the court and in addition such warrant shall clearly be endorsed as follows:

 

"This second or further warrant ......................................................(describe nature of warrant) was issued by the clerk of the small claims court on ......................................................... (date) and replaces any warrant ....................................................... (described nature of warrant) instead of which it is issued or reissued.".

 

(3)

(a) When any warrant which has been replaced by a warrant issued in terms of subrule (1) becomes available it shall immediately be cancelled by the clerk of the court by endorsing across the face thereof between two parallel transverse lines the words:

 

"Cancelled. Fresh warrant ........................................................................ (describe nature of warrant) issued by the clerk of the court dated ................................................."

 

(b) Such endorsement shall be signed and dated by the clerk of the court.

 

(4) The fact that a second or further warrant has been issued and the date thereof, shall be endorsed on the summons with which the action was instituted.