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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