TLI4801 October November Detailed Answers Due 22 October 2024
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Course
Techniques in Trial and Litigation
Institution
University Of South Africa
Book
Technique in Litigation
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 amoun...
Question 1.1: Ms. Bright Lesedi’s Debt Collection Case
1. (a) Type of Summons (4 Marks)
o Summons Choice: For debt collection cases involving a specified amount of
money, as here with Olive Woods claiming R180,000, the most appropriate
summons is the simple summons (alternatively, provisional summons). This is
because the matter focuses on a straightforward claim for a sum of money
without requiring elaborate factual detail or evidence at this stage.
o Advantages of Simple Summons: A simple summons is cost-effective and
allows for a streamlined process. It is less detailed than a combined
summons, which would require a more extensive statement of particulars that
could prolong initial court proceedings.
o Purpose of Summons: The summons formally informs the defendant of the
claim against them, specifying the amount and the basis for the demand. In
Ms. Lesedi's case, the summons will allow her to understand Olive Woods
Furniture's claim clearly and decide whether to settle, contest, or negotiate the
debt.
2. (b) Drafting the Summons
Here’s a complete draft of the summons that clearly outlines the plaintiff’s particulars,
the defendant’s information, and the specific claims being made:
IN THE HIGH COURT OF SOUTH AFRICA
Case No.: [Insert Case Number]
In the matter between:
OLIVE WOODS FURNITURE (Plaintiff)
and
MS. BRIGHT LESEDI (Defendant)
, PARTICULARS OF CLAIM
1. The plaintiff is Olive Woods Furniture, a duly registered business with offices located
at [Insert Business Address], Pretoria.
2. The defendant is Ms. Bright Lesedi, an adult business owner of a furniture
manufacturing company, residing at [Defendant’s Address].
3. On or about 20 April 2024, the plaintiff and defendant entered into a contract wherein
the plaintiff supplied the defendant with raw materials worth R180,000 for furniture
production. The plaintiff issued an invoice, payable within 30 days.
4. The defendant accepted the materials and, by taking delivery, acknowledged the
debt to be due and payable.
5. Despite multiple requests, the defendant has failed to settle the outstanding amount
of R180,000.
6. The plaintiff avers that it has performed all obligations and delivered the materials as
agreed, making the defendant’s obligation to pay legally binding.
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