TLI4801 OCT/NOV 2024 PORTFOLIO EXAM SEMESTER 2 OF 2024 -
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Course
Techniques in trial and litigation (TLI4801)
Institution
University Of South Africa (Unisa)
Book
Litigation Skills for South African Lawyers
Due date for examination: 22 October 2024 at 23:59 pm
Unique number: 658473
Submission period: 17 October 2024 - 22 October 2024
QUESTION 1: CIVIL PRACTICE [50]
Question 1.1
Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that manufactures furniture. On 20 Apri...
TLI4801 October/November 2024 | Due 22 October 2024
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TLI4801 OCT/NOV EXAM PORTFOLIO FOR
SEMESTER 2 OF 2024
UNIQUE CODE: 658473
,QUESTION 1: CIVIL PRACTICE [50]
Question 1.1
Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that
manufactures furniture. On 20 April 2024 she purchased raw material from Olive Woods
Furniture (“Olive Woods”), a furniture material factory in Pretoria, for an amount of R180
000,00. The material was delivered by Olive Woods and a copy of the invoice was handed
to Ms. Lesedi, who then neglected to pay for the material within the 30-day period
provided for in terms of the invoice. Despite repeated requests by Olive Woods, Ms.
Lesedi did not settle the amount. Olive Woods wants to sue Ms. Lesedi for the
outstanding amount. The owner of Olive Woods approaches you for legal advice regarding
the proceedings to be instituted against Ms. Lesedi.
a) Discuss the type of summons that Olive Woods will use to recover the outstanding
amount. (4)
In South African law, the appropriate legal instrument for Olive Woods to use to recover the
outstanding amount of R180 000.00 is a Simple Summons. This type of summons is typically
used to claim debts that are liquidated, meaning the amount claimed is certain, determined,
or easily calculable, as is the case here (R180 000.00 for raw materials supplied).
Simple Summons:
A Simple Summons is issued in terms of Rule 17 of the Uniform Rules of Court for claims
where the amount owed is not in dispute and easily ascertainable. In this case, Olive Woods
supplied furniture material to Ms. Lesedi, who received both the material and the invoice,
but failed to pay within the agreed 30-day period. Since the claim is for an agreed amount
and based on an enforceable contract, it qualifies as a liquidated debt.
• Application To Facts:
Olive Woods is claiming R180 000, which is a liquidated debt for raw materials
supplied to Ms. Lesedi. Since the amount is reflected on the invoice and remains
unpaid, the claim is straightforward and does not require extensive evidence to
prove the debt.
• No Need for Oral Evidence:
As the transaction involves a clear monetary amount, there is no need to present
detailed oral evidence to substantiate the claim. The claim can be proved through
the submission of the invoice and delivery records.
• A simple summons is appropriate when the claim is for a liquidated amount. A
liquidated amount refers to a fixed or clearly ascertainable amount of money, such
1
, as a debt reflected on an invoice or other written instrument, where no complex
evidence is required to establish the amount owed.
The process for issuing the Simple Summons includes:
1. Drafting the summons: The document will state the cause of action (i.e., non-
payment of R180 000.00 for goods sold and delivered).
2. Serving the summons: The sheriff of the court will serve the summons to Ms. Lesedi
personally or at her business premises.
3. Defending or default judgment: If Ms. Lesedi fails to respond within 10 days, Olive
Woods can apply for default judgment to recover the debt (Rule 31(2)(a)).
Case Law Supporting Simple Summons for Debt Recovery:
In the Lyners v Minister of Public Works1 case the court held that where a debt is for a
specific and agreed amount, the plaintiff is entitled to claim it through a simple summons.
Similarly, in the Santam Ltd v Ethwar2 case the court emphasized that simple summonses
are appropriate for claims where there is no need for complicated legal arguments.
Therefore, A Simple Summons is the correct type of summons for Olive Woods to use. The
claim is liquidated, as it is based on a fixed amount of R180 000 reflected in an invoice,
with no need for detailed evidence beyond the invoice and delivery records. This allows
for a quicker and more cost-effective legal process.
1
Lyners v Minister of Public Works (2017) ZASCA 26.
2
Santam Ltd v Ethwar (1999) 2 All SA 533 (A).
2
, EXTRA NOTES FOR THE STUDENTS:
2. Why a Combined Summons is Not Suitable
A combined summons is used when the claim is unliquidated, meaning the amount cannot
be determined with certainty (e.g., claims for damages or breach of contract where the
court must assess the loss). In this case, Olive Woods’ claim is a fixed amount, not requiring
an assessment by the court.
3. Why a Provisional Sentence Summons is Not Suitable
A provisional sentence summons is used where the claim arises from a liquid document,
such as a cheque or a promissory note, which reflects an obligation to pay. Since Olive
Woods is relying on an invoice (not a liquid document in the technical legal sense), this type
of summons would not be appropriate.
3
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