TLI4801 October/November 2024 | Due 22 October 2024. All questions answered with references. 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 Wo...
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Question 1 - Civil Practice
Question 1.1
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.
Type of Summons
In this case, Olive Woods will utilize a simple summons to recover the outstanding amount from Ms.
Bright Lesedi. A simple summons is the appropriate legal instrument when the claim is liquidated,
meaning the amount is certain and determined, such as in the case of an outstanding invoice where
the debt owed is fixed.
Explanation of Liquidated Claims
A liquidated claim is one where the amount due is clearly ascertainable without the need for further
investigation or the use of discretion by the court. The invoice issued by Olive Woods for the raw
materials in the amount of R180 000,00 qualifies as a liquidated claim because it specifies a fixed
and definite amount. Since Ms. Lesedi did not pay within the 30-day period provided on the invoice
and there has been no dispute as to the validity of the invoice or the delivery of the materials, the
amount due is not in question.
Why a Simple Summons?
A simple summons is used in matters like this where the plaintiff's claim is based on a specific sum
of money that is clearly stated. This contrasts with a provisional summons, which is typically used
when the claim is based on a liquid document where the defendant has acknowledged their debt,
such as in cases involving signed promissory notes or other written acknowledgments of debt. Since
Ms. Lesedi has not acknowledged the debt in writing, a simple summons is the best course of action
for Olive Woods to initiate the legal process. In this case, Olive Woods can rely on the delivery note
and the invoice provided to Ms. Lesedi as proof of the transaction and the amount owed. The simple
summons will formally notify Ms. Lesedi of the claim against her and provide her with a stipulated
period in which to respond. If Ms. Lesedi fails to respond or fails to present a valid defense, Olive
Woods may be granted a default judgment for the amount claimed.
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