| (1) |
If a defendant, upon a summons having been served on him in terms of section 29— |
| (a) |
admits liability and consents to judgment in writing; or |
| (b) |
fails to appear before the court on the trial date or on any date to which the proceedings have been postponed, |
the court may, on application by the plaintiff, grant judgment for the plaintiff in so far as he has proved the defendant's liability and the amount of the claim to the satisfaction of the court, and the court may dismiss any counterclaim by the defendant.
| (2) |
If a plaintiff fails to appear before the court on the trial date or on any other date to which the proceedings have been postponed, the court may, on application by the defendant— |
| (a) |
dismiss the plaintiff's claim: Provided that the plaintiff may again institute an action for that claim with the consent of the court; and |
| (b) |
with regard to a counterclaim, grant judgment for the defendant in so far as he has proved the plaintiff's liability and the amount of the counterclaim to the satisfaction of the court. |
Older Persons Act, 2006
