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TLI4801 Final Portfolio EXAM A+.
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TLI4801 Final PortfolioEXAM
Techniques in trial and litigation (UniversityofSouth Africa )
SECTION A: CIVIL PRACTICE
Question 1
a) Discuss the type of summons that will be used to
institute Timbersons (Pty) Ltd.’s action.
An action can be commenced or instituted by way of
the issue and serving of a summons, and its sole
purpose is to bring the plaintiff’s claim to the
attention of the defendant by informing the
defendant of the nature of the plaintiff’s cause of
action and the claims made against him or her. The
summons must be served on the defendant by a
sheriff in terms of Rule 4(1)(a)(v) (Uniform Rules)
of court. There are three types of summons:
- A simple or ordinary summons is a document that
contains the basis (the particulars of the claim) for
the plaintiff's action in the body of the summons.
The simple summons is the High Court equivalent of
the ordinary summons in the Magistrate's Court and
as a general rule, this type of summons is used where
the claim is for a debt or a liquidated demand.
- A combined summons, which has a more detailed
and separate document containing the particulars of
claim and is annexed to the summons, this type of
A+ Page 1
, TLI4801 Final Portfolio
EXAM
Techniques in trial and litigation (UniversityofSouth Africa )
summons is mainly in divorce matters unless it is
appropriate to use a simple summons.
- And lastly a provisional sentence summons which
is used whereby a creditor is in possession of a liquid
document and may sue speedily. If the debtor cannot
dispute the validity of the liquid document, a
provisional judgment will be entered against him.
It is clear from the given facts that Timbersons (Pty)
Ltd has a liquidated claim against Mr. Alan Toms,
for the goods he purchased on credit to the value of
R450,000, this is a claim made for an amount that
has been agreed on by the parties or a claim which
can be precisely determined by operation of law or
by the terms and conditions of the agreement made
by the parties. A liquidated claim is also termed as a
liquidated demand.
Where the claim is for a debt or liquidated demands
such as a claim for the payment of the purchase price
with regard to goods purchased and delivered as it is
in the case between Timbersons (Pty) Ltd v Mr. A
Toms, a simple summons shall be used to commence
or institute an action to sue Mr. Toms for the
purchase price. A simple summons is used usually
where the quantum is already determined or can be
easily ascertainable usually without leading
evidence. Rule 2(b) provides that where a claim is
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