TLI4801
PORTFOLIO Semester 1 2024
Detailed Solutions, References & Explanations
Unique number: 790512
Due Date: 28 May 2024
QUESTION 1: CIVIL PRACTICE
1.1.
a.
Since EBA (Pty) Ltd is seeking to recover a fixed and determined sum of R1.5 million from
DSA Equipment (Pty) Ltd, a simple summons should be used to institute the claim. As per
Rule 2(b), a simple summons is appropriate for cases where the claim is for a liquidated
demand or debt, such as a fixed and specific sum of money owed. The agreement between
EBA and DSA for the supply and delivery of components on 30-day credit terms, as well as
the invoice handed to Mr. Smith, clearly establish the fixed amount owed
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Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
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form or by any means.
, QUESTION 1: CIVIL PRACTICE
1.1.
a.
Since EBA (Pty) Ltd is seeking to recover a fixed and determined sum of R1.5 million
from DSA Equipment (Pty) Ltd, a simple summons should be used to institute the
claim. As per Rule 2(b), a simple summons is appropriate for cases where the claim
is for a liquidated demand or debt, such as a fixed and specific sum of money owed.
The agreement between EBA and DSA for the supply and delivery of components on
30-day credit terms, as well as the invoice handed to Mr. Smith, clearly establish the
fixed amount owed.
Therefore, EBA should proceed with legal proceedings by using a simple summons to
recover the outstanding amount from DSA. This type of court proceeding is suitable
for cases where the obligation is clearly liquidated, and the sum can be determined by
simple mathematical calculations. The use of a simple summons is in line with the
requirements of the situation and will facilitate the efficient resolution of the claim for
the outstanding amount owed by DSA.
b.
A plaintiff is only permissible to apply for summary judgment if their claim is based on
• liquid document.
• for a liquidated amount of money.
• for delivery of the specified-movable property; or
• for ejectment.
In this scenario, EBA (Pty) Ltd can apply for summary judgment against DSA
Equipment (Pty) Ltd for the outstanding amount of R1.5 million. The claim is based on
a liquidated amount of money, supported by a written agreement and an invoice
confirming the delivery and value of the goods. EBA's summary judgment application
would aim to expedite the resolution, arguing that DSA has no legitimate defense and
is merely delaying payment.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
