Exam (elaborations)
TLI4801 Exam pack 2024
- Course
- TLI4801
- Institution
- University Of South Africa
TLI4801 Exam pack 2024 Questions and answers
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TLI4801 EXAM PACK2023
QUESTIONS AND
ANSWERS
,TLI4801 EXAM PACK
2023
QUESTIONS AND
ANSWERS
For enquiries contact
Email:gabrielmusyoka940@gmail.com
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1
INDEX : PLEADINGS : 2010
ANNEXURE: PLEADINGS
A. INTRODUCTION TO THE DRAFTING OF PLEADINGS 5
CASE STUDY: FACTS 11
PART 1: THE PLEADING PHASE IN THE MAGISTRATE'S COURT
a) Framework 17
b) Interim steps that the parties can consider during the pleading stage in the
magistrates court 18
c) Theory - Motor Vehicle Accident 19
i) Cause of action 19
ii) Defense 20
d) Exchange of pleadings in defended motor vehicle collision until litis
contestatio 21
Example 1a Letter of demand 21
1b Summons commencing action (Ordinary) 22
2 Particulars of Claim 25
3 Notice of Intention to Defend 27
4 Request for Further Particulars ito Rule 16 of Act 32 of 1944 28
5 Application in terms of Rule 60(2) 30
6 Notice of Application in terms of Rule 60(3) 31
7 Notice of Bar 32
8 Plea 33
9 Plea to Counterclaim 36
10 Notice of Set Down for Trial 37
11 Notice in terms of Rule 23(1), (3) & (4) 38
12 Discovery Affidavit 40
13 Notice in terms of Rule 24(9)(a) and (b) 44
14 Request for Inspection of Object in terms of Rule 24(6) and (7) 46
15 Notice in terms of Rule 24(10) 47
16 Agreement Not to Appeal 49
Downloaded by Jay Wa Borwa (djkgwedi@gmail.com)
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2
MAGISTRATES COURT PLEADING: DEVIATIONS 50
Scenario One: Defective Summons
Example 17 Summons Commencing Action 51
18 Particulars of Claim 55
Scenario One: Exception
Example 19 Notice in terms of Rule 17(5)(c) 57
20 Notice of Exception 59
Scenario One: Amendment
Example 21 Notice of Intended Amendment ito Rule 55A 61
22 Application for Amendment ito Rule 55A(4) 63
Scenario Two: Failure to enter an Appearance to Defend, Default Judgment
Example 23 Application for Default Judgment 64
24 Affidavit in support of Application for Default Judgment ito Rule
12(4) 66
Scenario Three: Application for Summary Judgment and Opposing Affidavit
Example 25 Application for Summary Judgment 68
26 Supporting Affidavit 69
27 Opposing Affidavit 70
Scenario Four: Where Defendant requests copies of Accounts and Documents
Example 28 Notice ito Rule 15(1) 72
29 Plaintiff's reply to Defendant's request ito Rule 15(1) 73
Scenario Five: Where Plaintiff is a company, Defendant would be able to
request security for costs
Example 30 Request for Security for Costs ito Rule 62(1) of Act 32 of 1944 74
31 Notice in terms of Rule 62(2) 75
Scenario Six: Where a party requests reason for the judgment and decides
to appeal
Example 32 Request for Reasons for judgment ito Rule 51 76
Scenario Seven: Notice of Appeal 77
Example 33 Notice of Appeal
PART II: THE ACTION PROCEDURE IN THE HIGH COURT
a) Framework 80
b) Interim steps that the parties can consider during the pleading phase
Downloaded by Jay Wa Borwa (djkgwedi@gmail.com)
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