Exam (elaborations)
TLI4801 Assignment 1 Semester 2 2023 (827464) - DUE 10 August 2023
- Institution
- University Of South Africa
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TML4801 Assignment 1Semester 2 2023
QUESTIONS AND
ELABORATE
ANSWERS
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, 1. Mr. Joe White, who is a male high school teacher, is married to Cecile White, a nurse, for nine years.
The couple reside in Robindale, Johannesburg. They have two minor children, Kevin and Nancy. The
Whites’ decide to divorce after nine years, citing irreconcilable differences. Mrs. White approaches you
for assistance regarding the divorce proceedings. Answer the following questions. Note: In your
answers, you may make up facts to supplement the given facts provided that your own rendition does
not detract from the core issues.
(a) Discuss the type of summons that will be used to institute Mrs White’s divorce action. (4)
(b) Name and discuss the pleading that will be annexed to the summons. (4)
(c) Draft the prayer only. (4) [12] Refer to chapter 6 of the prescribed textbook. Please note: The
prescribed textbook for this module is Marnewick CG “Litigation Skills for South African Lawyers” 4th
edition (2019 LexisNexis).
(a) The type of summons that will be used to institute Mrs. White's divorce action is a
"Combined Summons." A Combined Summons is utilized in South Africa to bring a
claim that involves both a claim for divorce and other related relief, such as custody of
minor children, maintenance, and division of assets.
(b) The pleading that will be annexed to the summons is the "Particulars of Claim." The
Particulars of Claim is a document that outlines the specific details of the case and the
grounds on which the plaintiff (Mrs. White) is seeking a divorce. It will typically include
the following information:
1. Personal details: This section will provide the personal information of both Mr. Joe White
and Mrs. Cecile White, including their full names, addresses, and occupations.
2. Date and place of marriage: The date and place of the couple's marriage will be stated
to establish that they are legally married.
3. Grounds for divorce: Mrs. White will need to state the grounds on which she is seeking a
divorce. In this case, the grounds mentioned are "irreconcilable differences," but
additional details and incidents may be included to support the claim if required.
4. Details of minor children: Information about their minor children, Kevin and Nancy, will
be included, specifying their ages and any specific requests regarding custody or
maintenance.
5. Request for relief: Mrs. White will outline the relief she is seeking from the court, such as
custody of the minor children, maintenance, and a fair division of assets.
(c) Draft of the prayer: In the Combined Summons, the prayer is the section where Mrs.
White makes specific requests to the court. The prayer may be drafted as follows:
"Wherefore, Plaintiff prays for the following relief:
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