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TLI4801
Techniques In trial and litigation
PORTFOLIO
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: - 658473
DUE DATE: - 17 - 22 OCTOBER 2024
Includes Footnotes and/or Bibliography.
PREVIEW
QUESTION 1: CIVIL PRACTICE [50]
Question 1.1
Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that manufactures furniture.
On 20 April 2024 she purchased raw material from Olive Woods Furniture (“Olive Woods”), a furniture
material factory in Pretoria, for an amount of R180 000,00. The material was delivered by Olive Woods and
a copy of the invoice was handed to Ms. Lesedi, who then neglected to pay for the material within the 30-
day period provided for in terms of the invoice. Despite repeated requests by Olive Woods, Ms. Lesedi did
not settle the amount. Olive Woods wants to sue Ms. Lesedi for the outstanding amount. The owner of Olive
Woods approaches you for legal advice regarding the proceedings to be instituted against Ms. Lesedi.
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, THE QUESTION PAPER:
QUESTION 1: CIVIL PRACTICE [50]
Question 1.1
Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that
manufactures furniture. On 20 April 2024 she purchased raw material from Olive
Woods Furniture (“Olive Woods”), a furniture material factory in Pretoria, for an
amount of R180 000,00. The material was delivered by Olive Woods and a copy of
the invoice was handed to Ms. Lesedi, who then neglected to pay for the material
within the 30-day period provided for in terms of the invoice. Despite repeated
requests by Olive Woods, Ms. Lesedi did not settle the amount. Olive Woods wants
to sue Ms. Lesedi for the outstanding amount. The owner of Olive Woods
approaches you for legal advice regarding the proceedings to be instituted against
Ms. Lesedi.
Answer the following questions, using proper references. Note: In your answers,
you are required to make up facts/create facts to supplement the given facts of the
case as long as your own rendition does not detract from the core issues.
a) Discuss the type of summons that Olive Woods will use to recover the
outstanding amount (4)
A simple summons will be issued. According to Rule 2(b), a simple summons may only be used
for those cases in which the offended party’s case is for a liquidated demand or debt, as such,
where the case is for a fixed, specific, or determined sum or property. 1
1 Stephen P et al Civil Procedure: A Practical Guide (Oxford University Press Southern Africa Cape Town 2013.
