TLI4801 October/November 2024 | Due 22 October 2024
All for this textbook (95)
Written for
University of South Africa (Unisa)
Techniques in Trial and Litigation (TLI4801)
All documents for this subject (67)
Seller
Follow
VarsityC
Reviews received
Content preview
TLI4801
October November PORTFOLIO 2024
Unique #:
Due Date: 22 October 2024
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1: CIVIL PRACTICE
1.1.
a.
The appropriate summons for this case would be a simple summons.
A simple summons is used when the plaintiff (in this case, Olive Woods) claims a
debt or liquidated amount in money that is certain and ascertainable (such as the
unpaid R180,000). This is the most straightforward type of summons for
recovering debts under the South African civil procedure, specifically regulated
under Rule 17 of the Uniform Rules of Court.
A simple summons is appropriate when the plaintiff seeks to recover a fixed or
easily determinable sum of money, as is the case here. Olive Woods has a clear
contractual right to claim the outstanding payment from Ms. Lesedi for the
furniture materials supplied.
b.
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: ____________
In the matter between:
OLIVE WOODS FURNITURE (PTY) LTD (Plaintiff)
(Registration No: 2024/XXXXXXXX)
and
BRIGHT LESEDI (Defendant)
(Identity No: _____________)
Varsity Cube 2024 +27 81 278 3372
, PARTICULARS OF CLAIM:
1. On or about 20 April 2024, and at Pretoria, Gauteng, the Plaintiff and the
Defendant entered into an oral agreement, alternatively, a written
agreement, in terms whereof the Plaintiff agreed to sell and deliver to the
Defendant raw material for the manufacturing of furniture, at the agreed
purchase price of R180,000.00 (One Hundred and Eighty Thousand
Rand).
2. The Plaintiff duly delivered the said raw material to the Defendant on 20
April 2024, and the Defendant accepted delivery thereof.
3. The terms of the agreement included that: a. The Defendant would pay the
full purchase price within 30 days of delivery of the raw materials; that is,
by 20 May 2024. B. In the event of late payment, interest at the prescribed
rate would be payable by the Defendant.
4. Despite numerous demands made by the Plaintiff, the Defendant has
failed, alternatively, refused to pay the amount of R180,000.00 by the due
date, or at all.
5. The Defendant is indebted to the Plaintiff in the sum of R180,000.00,
together with interest thereon at the prescribed rate of 10.25% from 20
May 2024.
THEREFORE, the Plaintiff prays for judgment against the Defendant for:
1. Payment of the amount of R180,000.00 (One Hundred and Eighty
Thousand Rand);
2. Interest on the amount of R180,000.00 at the prescribed legal rate of
10.25% per annum, calculated from 20 May 2024 to the date of final
payment;
3. Costs of suit;
Varsity Cube 2024 +27 81 278 3372
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller VarsityC. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £2.27. You're not tied to anything after your purchase.
