(1a) Discuss the type of summons that will be used to institute Mrs Steven`s divorce action. (4)
The combined summons will be used to institute Mrs Steven divorce action. According to Marnewick C.G
(2012),1 Combined summons are primarily used where the plaintiff s ‟ claim is unliquidated, that ...
, (1a) Discuss the type of summons that will be used to institute Mrs Steven`s divorce action. (4)
The combined summons will be used to institute Mrs Steven divorce action. According to Marnewick C.G
(2012),1 Combined summons are primarily used where the plaintiff s ‟ claim is unliquidated, that is where it is
not a claim for a debt or liquidated demand. A combined summons is a summons to which is annexed a
statement of the material facts relied upon by the plaintiff in support of plaintiff's claim, and which statement
shall, amongst others, comply with rule 6. Rule 6 relates to pleadings generally. Matter for which a combined
summons is used involves serious factual disputes that require the leading oral evidence to resolve the issue.
(1.b) Name and discuss the pleading that will be annexed to the summons (4)
The type of pleading that will be annexed to the summons is particulars of claim. In every case where
the claim is not for a debt or liquidated demand the plaintiff must annex his or her summons particulars
of the material facts relied upon by him or her in support of the claim, (particulars of claim). Furthermore,
the rule provides that the particulars of claim, unlike declaration do not constitute a separate pleading
and are inseparably linked to the summons, hence the designation combined summons.
(1.c) Draft the prayer only. (4)
The plaintiff prays for:
(1) special damages in the sum of R30,000,
(2)Compensation of maintenance order as prescribed by law
(3) costs of suit;
(4) reasonable attorney's fees; and
(5) such other and further relief as the court shall deem proper.
(2) Discuss briefly a legal practitioner may conduct an interview with a client in a litigation matter. (5)
1 Marnewick C.G (2012), Litigation Skills for South African Lawyers: rd3 Edition, LexisNexis, Durban, South
Africa.
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