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TLI4801 ASSIGNMENT 1 SEMESTER 1&2 OF 2021
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aaaaa[Type here] [Type here] [Type here]OVERCOMERS
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2021
TLI4801 ASSIGNMENT 1 SEMESTER 1&2 OF 2021
UNIQUE NUMBER:
UNISA
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, TRIAL AND LITIGATION TECHNIQUES
ASSIGNMENT 1
QUESTION 1
a)
In discussing in whether Mr. Stevens should use simple summons or combined
summons to institute his claim or action it is highly paramount that both the types of
summons be deliberated on. A simple summons is a document which contains the
basis (the particulars of the claim) for the plaintiff's action in the body of the summons.1
The simple summons is the High Court equivalent of the ordinary summons in the
Magistrate's Court. A combined summons, on the other hand, has a more detailed and
separate document containing the particulars of claim and is annexed to the summons.
As a general rule, the simple summons is used where the claim is for a debt or a
liquidated demand.2 It is mandatory to use a combined summons in the case of an
unliquidated claim such as a claim for damages or an illiquid claim, such as divorce or
claim for damages. In this respect Mr. Stevens has to use combined summons.
b)
Pleadings are formal statements filed with a court by parties. Pleadings are formal
statements served by each party to a lawsuit to one another, which contains their
respective positions in the matter, such as allegations, claims, defenses or denials.
They cite the details of the parties, their locus standi. Pleadings contain facts that are
material to the party’s claim or defense, and not the means of proving those facts.
Pleading must be signed by an attorney or personally by an unrepresented party. The
description of parties and case number must be given at the head of pleadings.
Pleadings must be divided into paragraphs with consecutive numbering and each
paragraph ought to contain a distinct averment. One of the pleadings is particulars of
claim. Particulars of claim are a document which is attached to a combined summons.
Its purpose is to clearly outline the specifics of the plaintiffs’ case. It further confirms
that the parties fall under the jurisdiction of the Court which is to hear the matter.
Particulars of claim outline what the plaintiffs’ cause of action and lastly it sets out the
relief which the plaintiff is seeking. In our case particulars of claim will be used.
c)
1 Marnewick CG Litigation Skills for South African Lawyers 3rd ed (2012 LexisNexis) 67.
2 Supreme Diamonds (Pty) Ltd v Du Bois Regent Neckwear Manufacturing Co (Pty) Ltd v
Ehrke 1979 (3) SA 444 (W).
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