Summary
Summary Civil Procedure Drafting: Simple Summons
- Course
- Civil Procedure 371
- Institution
- Stellenbosch University (SUN)
In depth example of how to draft a simple summons for Civil Procedure 371.
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By: sonjaconradie • 1 year ago
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IN THE HIGH COURT OF SOUTH AFRICA(WESTERN CAPE HIGH COURT, CAPE TOWN)
Case no:
In the matter between:
BENBOU PTY LTD PLAINTIFF
and
BRUHELLA BUHRMEISTER DEFENDANT
TO THE SHERIFF OR HIS DEPUTY:
1 Inform BRUHELLA BUHRMEISTER, an adult female actress resident at 6
Keel Close, Blouberg Strand, Table View (hereinafter called the defendant),
that BENBOU PTY LTD, a construction company whose registered offices are
at 203 Blaauwberg Road, Blouberg, Table View (hereinafter called the
plaintiff), hereby institutes action against her, in which action the plaintiff
claims:
a. That the defendant contracted with the plaintiff to build the plaintiff a
house at the agreed upon price of R30 000 (thirty thousand rand) per
square meter. The proposed size of the house is 280 (two hundred and
eighty) square meters in total. Thus the contractual claim is for the
amount of R8 400 000 (eight million four hundred thousand rand).
2 Inform the defendant further that if she disputes the claim and wishes to
defend the action, she shall within 10 days of the service upon her of this
summons, file with the registrar of this court at 84 Long Street, Cape Town
City Centre, Cape Town, notice of her intention to defend and serve a copy
thereof on the plaintiff’s attorney, which notice shall give an address (not
being a post office box or poste restante) referred to in rule 19(3) for the
service upon the defendant of all notices and documents in the action.
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