QUESTION 1
(a) The combined summons will be used to institute Mr Smith‟s divorce action.
Combined summons is primarily used where the plaintiff‟s claim is
unliquidated, that is where it is not a claim for a debt or liquidated
demand.1 Matter for which a combined summons is used involves ser...
(a) The combined summons will be used to institute Mr Smith‟s divorce action.
Combined summons is primarily used where the plaintiff‟s claim is
unliquidated, that is where it is not a claim for a debt or liquidated
demand.1 Matter for which a combined summons is used involves serious
factual disputes that require the leading oral evidence to resolve the issue.
(b) The type of pleading that will be annexed to the summons is particulars of
claim .In every case where the claim is not for a debt or liquidated demand
the plaintiff must annex his or her summons particulars of the material
facts relied upon by him or her in support of the claim,(particulars of
claim).2Also the rule provides that the particulars of claim, unlike
declaration do not constitute a separate pleading and are inseparably
linked to the summons, hence the designation combined summons.3
(c)
North Gauteng High Court
Case no 121(2019)
Between
Cecile Smith First Plaintiff
Nancy Smith Second Plaintiff
Kevin Smith Third Plaintiff
And
Alan Smith Defendant
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