TLI4801-Techniques In Trial And Litigation Final Portfolio Semester 1 2020. TECHNIQUES IN TRIAL AND LITIGATION
CIVIL PRACTICE
QUESTION 01
a) To initiate Timberson's application a simple summons will be issued. According to
Rule 2(b), a simple summons may only be used for those cases in which th...
Techniques in trial and litigation (University of South Africa)
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TECHNIQUES IN TRIAL AND LITIGATION
CIVIL PRACTICE
QUESTION 01
a) To initiate Timberson's application a simple summons will be issued. According to
Rule 2(b), a simple summons may only be used for those cases in which the offended
party's case is for a liquidated demand or debt, as such, where the case is for a fixed,
specific, or determined sum or property. A claim for a predestined amount of money
owed for example a claim at the purchase price of products sold and will qualify as a
case for an obligation or liquidated demand. The courts have additionally demonstrated
that the obligation is liquidated where it is granted or where the fiscal value is fit for
being discovered expediently. To be a liquidated demand, the interest must be set out
so that the sum might be determined by simple mathematical calculations. diametrically,
the joined summons is primarily appropriated where the offended party's case is de-
liquidated, that is, where it is not claimed for an obligation or liquidated demand;
applications for which a combined summons is utilized frequently incorporate factual
disputes that require the evidence of oral proof to determine the issues where the
quantum must be settled.1
b)A plaintiff is only permissible to apply for summary judgment if their claim is based on
a liquid document; (ii) for a liquidated amount of money; (iii) for delivery of the specified
movable property; or (iv) for ejectment. The summary judgment strategy is intended to
protect an offended party who has a claim of a specific sort, against a litigant who has
no legitimate defense to their case, and who has essentially entered an appearance to
defend mainly to delay time and keeping the offended party from acquiring the
alleviation the individual in question looks for. Summary judgment should not be
conceded delicately, and the courts will deny a litigant of their defense as such just in
clear cases. The courts are mindful and traditionalist in such manner given the
audialterampartem rule since summary judgment strategy does to a limited degree
encroach on this rule. Consequently, the summary judgment might be utilized as the
1
Rules Board for Courts of Law Act, 1985
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issue concerns a liquidated amount as given by rule 32(1) above. The given fact
appears to bear evidence that if the litigant files the intention to defend, the procedures
will defer as he has no genuine defense to the offended party's claim.
c) The plaintiff is accordingly able to issue a declaration pleading according to the facts
given in the situation. An aggrieved party should serve and file a revelation if a
respondent has entered an appearance to defend, given that the offended party didn't
apply for summary judgment. This is a composed record bearing averments by the party
to a matter in which the material facts on which they depend on the side of their case
are precisely and briefly set out to enable the opponent to argue thereto, and which is
exchanged between such parties. in a way, a declaration sets out the full details of the
case, must be conveyed in as provided in Rule 20.2
d)
2
Criminal Procedure Act No. 51 of 1977
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