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TLI4801 PORTFOLIO ASSIGNMENT SEMESTER 1 YEAR 2024 GUARANTEED DISTINCTION. DUE DATE 28th MAY 2024 R53,75   Add to cart

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TLI4801 PORTFOLIO ASSIGNMENT SEMESTER 1 YEAR 2024 GUARANTEED DISTINCTION. DUE DATE 28th MAY 2024

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TLI4801 PORTFOLIO ASSIGNMENT SEMESTER 1 YEAR 2024 GUARANTEED DISTINCTION. DUE DATE 28th MAY 2024 QUESTION 1 (a) Discuss the type of court proceedings that must be used to institute EBA’s claim. EBA (Pty) Ltd can institute legal proceedings to recover the outstanding amount from DSA through...

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  • May 24, 2024
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By: gladysnkoana2 • 5 months ago

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Tutor23
TLI4801 PORTFOLIO
ASSIGNMENT SEMESTER 1 YEAR
2024 GUARANTEED DISTINCTION.

DUE DATE 28th MAY 2024

QUESTION 1

(a) Discuss the type of court proceedings that must be used to institute EBA’s claim.


EBA (Pty) Ltd can institute legal proceedings to recover the outstanding amount from DSA

through the Magistrate's Court. In South Africa, the Magistrate's Court has jurisdiction over civil

claims not exceeding a certain monetary limit, which is determined by the Magistrates' Courts

Act 32 of 1944. Since the outstanding amount is R1.5 million, it falls within the jurisdiction of

the Magistrate's Court. Therefore, EBA can pursue its claim through the Magistrate's Court,

which is a cost-effective and efficient option for smaller claims. The Magistrate's Court has the

authority to hear and determine civil disputes, including claims for payment of outstanding

amounts, making it the appropriate forum for EBA's claim against DSA. According to Rule 2(b),

a simple summons is appropriate for claims involving a liquidated demand or debt, such as a

specific and fixed amount of money owed

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