TLI4801 PORTFOLIO (DETAILED ANSWERS) MAY JUNE 2024 - DISTINCTION GUARANTEED Answers, guidelines, workings and references .......... QUESTION 1: CIVIL PRACTICE [50]
1.1 Darren Smith is the director and shareholder of DSA Equipment (Pty) Ltd (“DSA”) and the company manufactures medica electroni...
TLI4801
PORTFOLIO MAY JUNE 2024
Unique #:
Due Date: 28 May 2024
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1: CIVIL PRACTICE
1.1.
a.
Since EBA (Pty) Ltd is seeking to recover a fixed and determined sum of R1.5
million from DSA Equipment (Pty) Ltd, a simple summons should be used to
institute the claim. As per Rule 2(b), a simple summons is appropriate for cases
where the claim is for a liquidated demand or debt, such as a fixed and specific
sum of money owed. The agreement between EBA and DSA for the supply and
delivery of components on 30-day credit terms, as well as the invoice handed to
Mr. Smith, clearly establish the fixed amount owed.
Therefore, EBA should proceed with legal proceedings by using a simple summons
to recover the outstanding amount from DSA. This type of court proceeding is
suitable for cases where the obligation is clearly liquidated, and the sum can be
determined by simple mathematical calculations. The use of a simple summons is
in line with the requirements of the situation and will facilitate the efficient resolution
of the claim for the outstanding amount owed by DSA.
b.
A plaintiff is only permissible to apply for summary judgment if their claim is based
on
• liquid document.
• for a liquidated amount of money.
• for delivery of the specified-movable property; or
• for ejectment.
In this scenario, EBA (Pty) Ltd can apply for summary judgment against DSA
Equipment (Pty) Ltd for the outstanding amount of R1.5 million. The claim is based
on a liquidated amount of money, supported by a written agreement and an invoice
confirming the delivery and value of the goods. EBA's summary judgment
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