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Practice Area

Litigation

Litigation is the process of resolving disputes through the application of the Uniform Rules of Court in the High Court and the Magistrates' Courts Rules. We employ a rigorous approach to evidence, pleading and courtroom advocacy.

Court files and legal pleadings prepared for litigation

Uniform Rules of Court

Evidence-led. Procedurally precise.

Overview

Disciplined advocacy from pleading to judgment

Marshal Ndlovu Attorneys Inc. conducts litigation with a singular focus: the strategic, evidence-driven resolution of disputes on behalf of our clients. From the initial letter of demand through the final appeal, our approach is defined by procedural precision and uncompromising courtroom preparation.

Meticulous Pleading

Particulars of claim and applications drafted to withstand the most rigorous exception and striking-out challenge.

Courtroom Advocacy

Experienced representation across the Magistrates' Courts, High Court and specialist tribunals.

Strategic Settlement

Where litigation is not the optimal outcome, we negotiate settlements that preserve value and avoid prolonged risk.

What we deliver

Full-spectrum dispute resolution

Our litigation practice handles the full lifecycle of a civil suit, from application proceedings for urgent relief to protracted action proceedings requiring oral evidence, across every forum in the South African judicial system.

High Court & Magistrate's Court Civil Litigation

Management of the full lifecycle of a civil suit, from drafting Particulars of Claim through discovery and expert reports, specialising in both Application Proceedings for urgent relief and Action Proceedings.

Road Accident Fund (RAF) Claims

A specialised administrative and legal procedure. We handle quantification of past and future medical expenses, loss of earnings and general damages, and litigate when claims are repudiated.

Unlawful Arrest & Detention

Constitutional litigation claiming damages where the state has violated the right to liberty, requiring detailed analysis of the lawfulness of arrest and the legality of subsequent detention.

Debt Recovery & Insolvency Litigation

Provisional Sentence Summonses for liquidated claims based on written documents, execution of judgments through the Writ of Execution and advice on the transition from litigation to insolvency proceedings.

Urgent Applications & Interdicts

Rapid-response applications for urgent relief, including interim and final interdicts, anti-dissipation orders and mandamus applications, prepared to Court Rule standards under tight deadlines.

Commercial & Contractual Disputes

Enforcement and defence of commercial agreements, including breach-of-contract claims, rectification applications and restraint-of-trade disputes.

Procedural rigour

Grounded in the Rules of Court

Every matter we litigate is conducted in strict compliance with the Uniform Rules of the High Court and the Magistrates' Courts Rules, the procedural backbone of South African civil justice.

Uniform Rules of Court

Rule-compliant pleading and procedure

We adhere to the Rules governing pleadings, discovery, expert evidence and trial procedure, mitigating the risk of procedural challenge and preserving our clients' substantive rights.

  • Strict compliance with time bars and notice periods
  • Rule 35 discovery and expert notice management
  • Rule 37 pre-trial conferences strategically utilised
  • Rule 43 applications in matrimonial litigation

Evidence & Strategy

Evidence-first case architecture

Every case we accept is built on a solid evidentiary foundation. We brief expert witnesses, obtain counsel's opinion where warranted and align every procedural step with the outcome we seek.

  • Counsel briefing and collaborative case strategy
  • Expert witness selection and report preparation
  • Forensic accounting and technical evidence
  • Settlement analysis and Calderbank offers

Ready to litigate?

Let our courtroom team prepare your matter for success.

Need a different department?

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