TLI4801
MAY JUNE EXAM
DUE DATE: 27 MAY 2025
,TLI4801 EXAM
DUE: 27 MAY 2025
THE QUESTION PAPER:
QUESTION 1: CIVIL PRACTICE
ANSWER
Question 1.1
Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle manufacturer based in
Pretoria West. Blue Brands (Pty) Ltd (“Blue Brands”) is a contract filling and
manufacturing company based in Johannesburg South. The company manufactures and
fills soap detergent bottles for a number of brands. On 20 March 2025, the owner of Blue
Brands, Ms. Sue Brand, sent an email to Shiny Plastics to place an order for 50 000
plastic bottles valued at R300 000,00 in order to complete an order for a client..........
a) Discuss the type of summons that Shiny Plastics will use to recover the
outstanding amount.
(a) Type of Summons
Shiny Plastics must issue a simple summons to recover the R300 000.00 outstanding,
because the claim is for a fixed, liquidated amount due under contract.1 The debt is
“liquidated” as it is admitted by Blue Brands’ order confirmation and delivery, and the
monetary value is capable of determination by simple calculation (50 000 bottles × R6.00
each).² A simple summons corresponds to Form 9 of the First Schedule to the Uniform
Rules of Court and requires only a concise cause of action setting out the amount, basis
(sale and delivery of bottles on 21 March 2025), and demand for payment.³ The
declaration (particulars of claim) need only be filed if Blue Brands delivers a notice of
intention to defend, unless Shiny Plastics elects to apply for summary judgment
immediately.⁴
______________________
1 Uniform Rule 17(1) of the Uniform Rules of Court; Study Guide 17.2.
2 Mdunge 1962 2 SA 500 (N); Molelekeng 1992 1 SA 604 (T).
3 First Schedule Form 9 to the Uniform Rules of Court.
4 Uniform Rule 17(2); Study Guide 17.2 & 23.4.
, (b) Use of Summary Judgment
Shiny Plastics may apply for summary judgment under Rule 32 if Blue Brands, after being
served, delivers a notice of intention to defend but has no bona fide defence.⁵ (5) To
succeed, the founding affidavit must aver that the R300 000.00 is due and unpaid, that
Blue Brands filed its notice solely to delay, and that there is no real prospect of a valid
defence.⁶ (6) If Blue Brands alleges, for instance, that the bottles were defective, it must
particularise that defence in its opposing affidavit with facts.^7 (7) Absent such detail, the
court is likely to grant judgment without trial and order costs.⁷ (8) If summary judgment is
refused, the action will proceed to trial on the simple summons.⁷ (9)
__________________________
5 Uniform Rule 32; Study Guide 23.4.
6 Uniform Rule 32(2).
7 Lombard 1948 2 SA 31 (T); Davids 1966 1 PH H26 (N).
(c) Assuming that there is no application for summary judgment, name and
discuss the pleading that must be drafted by the plaintiff in response to the
defendant’s notice to defend the matter.
If no summary judgment is sought, the plaintiff must draft a declaration in response to the
defendant’s notice to defend.¹ A declaration is required under Uniform Rule 17(2)(b)
when proceedings are initiated via a simple summons (Form 9).² The declaration sets
out the material facts of the claim, complying with Rule 18, to enable the defendant to
plead.³ It replaces the need for particulars of claim in combined summons proceedings.⁴
(d) Draft the pleading referred to in (c) above. It must include, inter alia, a
heading, the description of the parties, their locus standi (if applicable), the
court’s jurisdiction, material facts and the prayer.
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case No: 2025/1234
MAY JUNE EXAM
DUE DATE: 27 MAY 2025
,TLI4801 EXAM
DUE: 27 MAY 2025
THE QUESTION PAPER:
QUESTION 1: CIVIL PRACTICE
ANSWER
Question 1.1
Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle manufacturer based in
Pretoria West. Blue Brands (Pty) Ltd (“Blue Brands”) is a contract filling and
manufacturing company based in Johannesburg South. The company manufactures and
fills soap detergent bottles for a number of brands. On 20 March 2025, the owner of Blue
Brands, Ms. Sue Brand, sent an email to Shiny Plastics to place an order for 50 000
plastic bottles valued at R300 000,00 in order to complete an order for a client..........
a) Discuss the type of summons that Shiny Plastics will use to recover the
outstanding amount.
(a) Type of Summons
Shiny Plastics must issue a simple summons to recover the R300 000.00 outstanding,
because the claim is for a fixed, liquidated amount due under contract.1 The debt is
“liquidated” as it is admitted by Blue Brands’ order confirmation and delivery, and the
monetary value is capable of determination by simple calculation (50 000 bottles × R6.00
each).² A simple summons corresponds to Form 9 of the First Schedule to the Uniform
Rules of Court and requires only a concise cause of action setting out the amount, basis
(sale and delivery of bottles on 21 March 2025), and demand for payment.³ The
declaration (particulars of claim) need only be filed if Blue Brands delivers a notice of
intention to defend, unless Shiny Plastics elects to apply for summary judgment
immediately.⁴
______________________
1 Uniform Rule 17(1) of the Uniform Rules of Court; Study Guide 17.2.
2 Mdunge 1962 2 SA 500 (N); Molelekeng 1992 1 SA 604 (T).
3 First Schedule Form 9 to the Uniform Rules of Court.
4 Uniform Rule 17(2); Study Guide 17.2 & 23.4.
, (b) Use of Summary Judgment
Shiny Plastics may apply for summary judgment under Rule 32 if Blue Brands, after being
served, delivers a notice of intention to defend but has no bona fide defence.⁵ (5) To
succeed, the founding affidavit must aver that the R300 000.00 is due and unpaid, that
Blue Brands filed its notice solely to delay, and that there is no real prospect of a valid
defence.⁶ (6) If Blue Brands alleges, for instance, that the bottles were defective, it must
particularise that defence in its opposing affidavit with facts.^7 (7) Absent such detail, the
court is likely to grant judgment without trial and order costs.⁷ (8) If summary judgment is
refused, the action will proceed to trial on the simple summons.⁷ (9)
__________________________
5 Uniform Rule 32; Study Guide 23.4.
6 Uniform Rule 32(2).
7 Lombard 1948 2 SA 31 (T); Davids 1966 1 PH H26 (N).
(c) Assuming that there is no application for summary judgment, name and
discuss the pleading that must be drafted by the plaintiff in response to the
defendant’s notice to defend the matter.
If no summary judgment is sought, the plaintiff must draft a declaration in response to the
defendant’s notice to defend.¹ A declaration is required under Uniform Rule 17(2)(b)
when proceedings are initiated via a simple summons (Form 9).² The declaration sets
out the material facts of the claim, complying with Rule 18, to enable the defendant to
plead.³ It replaces the need for particulars of claim in combined summons proceedings.⁴
(d) Draft the pleading referred to in (c) above. It must include, inter alia, a
heading, the description of the parties, their locus standi (if applicable), the
court’s jurisdiction, material facts and the prayer.
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case No: 2025/1234
