TLI4801
October November PORTFOLIO 2024
Unique #:
Due Date: 22 October 2024
Detailed solutions, explanations, workings
and references.
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, QUESTION 1: CIVIL PRACTICE
1.1.
a.
The appropriate summons for this case would be a simple summons.
A simple summons is used when the plaintiff (in this case, Olive Woods) claims a
debt or liquidated amount in money that is certain and ascertainable (such as the
unpaid R180,000). This is the most straightforward type of summons for
recovering debts under the South African civil procedure, specifically regulated
under Rule 17 of the Uniform Rules of Court.
A simple summons is appropriate when the plaintiff seeks to recover a fixed or
easily determinable sum of money, as is the case here. Olive Woods has a clear
contractual right to claim the outstanding payment from Ms. Lesedi for the
furniture materials supplied.
b.
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: ____________
In the matter between:
OLIVE WOODS FURNITURE (PTY) LTD (Plaintiff)
(Registration No: 2024/XXXXXXXX)
and
BRIGHT LESEDI (Defendant)
(Identity No: _____________)
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, PARTICULARS OF CLAIM:
1. On or about 20 April 2024, and at Pretoria, Gauteng, the Plaintiff and the
Defendant entered into an oral agreement, alternatively, a written
agreement, in terms whereof the Plaintiff agreed to sell and deliver to the
Defendant raw material for the manufacturing of furniture, at the agreed
purchase price of R180,000.00 (One Hundred and Eighty Thousand
Rand).
2. The Plaintiff duly delivered the said raw material to the Defendant on 20
April 2024, and the Defendant accepted delivery thereof.
3. The terms of the agreement included that: a. The Defendant would pay the
full purchase price within 30 days of delivery of the raw materials; that is,
by 20 May 2024. B. In the event of late payment, interest at the prescribed
rate would be payable by the Defendant.
4. Despite numerous demands made by the Plaintiff, the Defendant has
failed, alternatively, refused to pay the amount of R180,000.00 by the due
date, or at all.
5. The Defendant is indebted to the Plaintiff in the sum of R180,000.00,
together with interest thereon at the prescribed rate of 10.25% from 20
May 2024.
THEREFORE, the Plaintiff prays for judgment against the Defendant for:
1. Payment of the amount of R180,000.00 (One Hundred and Eighty
Thousand Rand);
2. Interest on the amount of R180,000.00 at the prescribed legal rate of
10.25% per annum, calculated from 20 May 2024 to the date of final
payment;
3. Costs of suit;
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