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TLI4801 EXAM PORTFOLIO
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Student Number: 55067336Unique Number: 752588
UNISA
COLLEGE OF LAW, SCHOOL OF
LAW
TECHNIQUES IN TRIAL AND LITIGATION
(TLI4801) MAY/JUNE 2021 PORTFOLIO
EXAMINATION
Page 1 of 13
,QUESTION 1 CIVIL PRACTICE
a) An action procedure is commenced by either simple or combined
summons.
A simple summons is used for matters where a claim is liquidated,
for example a debt, whereas a combined summons is utilised in
matters concerning unliquidated debts for example a claim for
damages due to a motor vehicle accident.1
Mr Smith will thus make use of a combined summons in order to
institute his action.
b) It is necessary for a pleading to be annexed to a combined
summons. Thus, this will be the plaintiff’s particulars of claim, which
is in turn the material facts upon which the plaintiff (Mr Smith) will
rely in order to substantiate his claim.
The particulars of claim must generally adhere to the rules on
pleadings.2
c) IN THE MATTER HELD BEFORE THE SOUTH GAUTENG HIGH COURT,
JOHANNESBURG
Between
ALAN SMITH Plaintiff
And
JOE SOAP Defendant
d) 1. The Plaintiff, an adult male person, Joe Soap who was born on 06
March 1970.
2. On the morning of 02nd of January 2017 on Merring street,
Johannesburg North, while cycling, Mr Alan Smith was struck from
behind by a certain speeding taxi with registration number TN565 GP
driven by Mr Joe Soap (Hereinafter referred to as the insured driver).
The collision resulted in a damaged bicycle of Mr Smith as well as
injuries sustained upon him.
3. As a result of the said collision, the plaintiff sustained multiple bodily
injuries:
Page 2 of 13
, A broken right leg
3.2 A broken pelvis
3.3. A deep cut below his right eye resulting in permanent facial
scarrings
1 Page 9 Civil Litigation South African School of Paralegal Studies (4th Ed) www.paralegal.za.org
2 Page 9 Civil Litigation South African School of Paralegal Studies (4th Ed) www.paralegal.za.org
Page 3 of 13
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