Special summons usually raise questions of law. Either party may require an affidavit to cross-examine. The Court on hearing of the special summons has a broad discretion to determine questions and issues. It may adjourn the proceedings for a preliminary hearing with directions as to pleadings discovery as it may be necessary.<\/p>\n
If the defendant can show that there is a substantial defence, then the Master of the High Court may be persuaded to transfer the case to the judge’s list for a plenary hearing. Otherwise, liberty will be given to enter summary judgment summarily. In this sense, the summary procedure operates as a filtering process<\/p>\n
The special summons procedure applies in the case of \u00a0disputes that can be decided without verbal evidence of a full trail. A wide variety of claims may be taken by special summons. Generally, the case involves an issue or question of law, rather than on of fact.\u00a0 It applies to specialised proceedings such as disputes regarding the administration of a deceased\u2019s estate, trustee matters and enforcement of mortgage. Special statutory provisions and procedures provide for use of special summons procedure.<\/p>\n
The only pleading is the special summons containing a special endorsement of claims. It must set out all necessary particulars of the relief sought. When the summons is issued, it will be given a return date. If service is necessary, it must be done at least four days before the return date. After the summons is issued an affidavit verifying the claim must be sworn and filed. The matter comes before the Master of the High Court. He has powers to hear and determine the matter. \u00a0Alternatively, he can transfer the matter to the Court.<\/p>\n