Alim Akburally Attorneys and Conveyancers is a leading provider of civil litigation services in South Africa. Our team of attorneys understand the complexities of court processes and have extensive knowledge when it comes to applying the legislation and case law to a particular case. We always aim to provide the best possible results for all our valued clients.
When all reasonable attempts to resolve a dispute have failed and civil litigation is the only course available, we will prepare all the necessary documentation and guide you throughout the entire legal process, until the case is finalised. Although many things can delay litigation, we will strive to keep delays to an absolute minimum by ensuring that the processes and procedures are followed timeously and correctly. At Alim Akburally Attorneys and Conveyancers we represent clients in both the High Courts and the Magistrates' Courts.
Our civil litigation services include the following:
Our experience in civil litigation has shown that working with experienced attorneys at an early stage during a dispute can significantly help to prevent additional escalations and unforeseen problems, and it can also reduce costs. From the very beginning you can be rest assured that as your attorneys in Durban, Alim Akburally Attorneys and Conveyancers will deal with your dispute professionally, dynamically and efficiently.
We focus on specialist areas in order to provide a more efficient service to our clients. Civil Litigation in South Africa
The civil litigation process in South Africa might seem complex, but with the right legal representation you can effectively protect your business and your assets. There are two types of proceedings in the High Court, namely motion and action proceedings.
Motion proceedings are usually shorter than action proceedings, and this refers to matters that are decided on affidavits that are submitted by both parties. Oral evidence is not always necessary in motion proceedings. Action proceedings, on the other hand, is when a summons is issued and a dispute is foreseeable. Oral evidence will then be necessary at the trial. In motion proceedings the parties are referred to as the Applicant and Respondent, whereas in the event of action proceedings, they are referred to as the Plaintiff and Defendant.
In civil litigation cases, the evidence will be placed before the court orally. This will be done by witnesses who will testify in court as to what specifically happened. Similarly, in application proceedings, evidence will be presented with the help of affidavits that were prepared beforehand. Witnesses will sign the affidavits and this means they do not necessarily have to be present in court, unless ordered to.
The High Court of South Africa has jurisdiction in civil matters where the amount claimed is more than R100 000.00. Smaller claims are handled by the Magistrates’ Court. In general, any crime that causes harm to an individual, for example fraud, culpable homicide or robbery, will also constitute a civil case where the individual who were harmed can bring a civil action for compensation. In the case of a murder for example, the person’s children or dependents can bring a civil application to claim damages.
In civil cases the claim needs be proved as a probability; to win the claim, the plaintiff needs to show that their version of events is more probably true or correct, than the alternative version. In the case of criminal cases, on the other hand, the state is required to prove the guilt of the accused beyond a reasonable doubt.
In the event of urgent applications, there is a civil litigation process that needs to be followed, and this process is regulated by the Rules of the Provincial and Local Divisions of the High Court of South Africa. In these Rules, Rule 6 specifies that every Application should be supported by an Affidavit, which can also be brought orally in urgent cases.
The legal costs that are involved in Urgent Applications are usually quite substantial and can include the Attorneys’ fees, as well as the costs of an Advocate as well as Sheriff’s costs in delivering any processes. This is why obtaining the right legal representation is always recommended, for you to be advised on the best course of action.
Civil litigation is often a solution to resolve a dispute; these proceedings can include debt collections, enforcing contract terms, administration orders, eviction orders and more. Cases that are brought before a Magistrate’s Court usually involves claims under R 300,000 (regional courts) whereas High Court cases involves claims that exceeds the monetary thresholds of Magistrate’s Court proceedings.
At Alim Akburally Attorneys and Conveyancers we offer our clients a complete range of litigation services. Our approach to litigation is a proactive one, where we prefer to resolve disputes with the most satisfactory method, as opposed to lengthy and expensive litigation proceedings. With alternative means of dispute resolution being adopted in various cases as a rapid way of resolving disputes, we recommend this to our valued clients whenever possible.
We are a solution-driven team of civil litigation attorneys who provide our clients with top quality legal services across South Africa. We have established an excellent reputation over the years for providing practical advice on a wide variety of legal services and we are well-known among our clients for offering valuable guidance.
When it comes to civil litigation, we are able to advise you on all of the options open to you if the dispute occurs and can assist you from the initial negotiations and mediation, right through to service of proceedings and representations at court when required.
We have an extended civil litigation practice, which allows us to provide a variety of legal services that include, but is not limited to, High Court litigation, Magistrate Court litigation, evictions and more
For more information on our superior civil litigation services, please contact us phone us directly at 031 304 0025.