CIP3701
EXAM PACK
, lOMoARcPSD|21997160
Chandri Oosthuizen
Student NR: 56000723
Portfolio 2018
25 April 2018
Afdeling A
Question 1
1) 3
2) 2
3) 2
4) 4
5) 2
6) 3
7) 4
8) 4
9) 1
10) 2
, lOMoARcPSD|21997160
Chandri Oosthuizen
Student NR: 56000723
Portfolio 2018
25 April 2018
Afdeling B
Question 1
1) Because a simple summons is employed, and may only be employed, where the
plaintiff’s claim is for a debt or liquidated demand.
2) The defendant who neglects to file and deliver a notice of intention to defend
timeously, runs the risk of having a judgement by default given against him or
her. However, study rule 19 (5) to determine up to what stage proper delivery of
such notice may still be effected.
3) In every case where the claim is not for a debt or liquidated demand, the plaintiff
must annex to his or her summons particulars of the material facts relied upon
him or her in support of the claim. Rule 17 (2) this rule also requires that the
particulars of claim must comply with the provisions of rule 18, because it’s a
pleading. Technically, the summons section is a process and the particulars of a
claim is a pleading
4) The summary judgment procedure is designed to protect a plaintiff, who has a
claim of a particular nature, against a defendant who has no valid defence to his
or her claim, and who has simply entered an appearance to defend for the
purpose of gaining time and preventing the plaintiff from obtaining the relief he or
she seeks and deserves.
5) Discovery must be made within 20 days, and is made by disclosing the
necessary information in an affidavit- known as a discovery affidavit.
6) (1) the defendant (respondent) has in writing admitted liability in respect of the
plaintiff’sdamages (Rule 34A(4)(a))
or
(2) that he or she (the plaintiff) has obtained judgment against the defendant for
the damages,the amount (quantum) of which still has to be determined (Rule
34A(4)(b))
and
(3)
thatthedefendantisinsuredinrelationtotheplaintiff’sclaim,orthatthedefendanthasthe
meansto make such an interim payment (Rule 34A(5))
Downloaded by Thomas Mboya ()
, lOMoARcPSD|21997160
Chandri Oosthuizen
Student NR: 56000723
Portfolio 2018
25 April 2018
7) Party-and-party costs are those which have been incurred by a party to legal
proceedings and which the court orders the other party to pay him or her. These
differ from attorney-and client costs, in that they do not include all the costs which
the party to litigation may have incurred, but only such costs, charges and
expenses as were incurred in the actual litigation and which are allowed by the
taxing master.
b)
i. In terms of rule 34, a defendant may, at any time, unconditionally or without
prejudice, offer to settle a plaintiff’s claim where
1 – payment of a sum of money is claimed or
2 – the performance of an act is claimed
ii. Yes, in the case of all other pleadings a party must first receive a notice of bar,
and, if such party still fails to deliver within the period indicated in the notice of
bar (is within a period agreed on) , he or she will be in default as regards the
specific pleading and will Ipso facto be barred.
iii. The defendant must also advance sound reasons for the failure concerned.
Downloaded by Thomas Mboya ()
EXAM PACK
, lOMoARcPSD|21997160
Chandri Oosthuizen
Student NR: 56000723
Portfolio 2018
25 April 2018
Afdeling A
Question 1
1) 3
2) 2
3) 2
4) 4
5) 2
6) 3
7) 4
8) 4
9) 1
10) 2
, lOMoARcPSD|21997160
Chandri Oosthuizen
Student NR: 56000723
Portfolio 2018
25 April 2018
Afdeling B
Question 1
1) Because a simple summons is employed, and may only be employed, where the
plaintiff’s claim is for a debt or liquidated demand.
2) The defendant who neglects to file and deliver a notice of intention to defend
timeously, runs the risk of having a judgement by default given against him or
her. However, study rule 19 (5) to determine up to what stage proper delivery of
such notice may still be effected.
3) In every case where the claim is not for a debt or liquidated demand, the plaintiff
must annex to his or her summons particulars of the material facts relied upon
him or her in support of the claim. Rule 17 (2) this rule also requires that the
particulars of claim must comply with the provisions of rule 18, because it’s a
pleading. Technically, the summons section is a process and the particulars of a
claim is a pleading
4) The summary judgment procedure is designed to protect a plaintiff, who has a
claim of a particular nature, against a defendant who has no valid defence to his
or her claim, and who has simply entered an appearance to defend for the
purpose of gaining time and preventing the plaintiff from obtaining the relief he or
she seeks and deserves.
5) Discovery must be made within 20 days, and is made by disclosing the
necessary information in an affidavit- known as a discovery affidavit.
6) (1) the defendant (respondent) has in writing admitted liability in respect of the
plaintiff’sdamages (Rule 34A(4)(a))
or
(2) that he or she (the plaintiff) has obtained judgment against the defendant for
the damages,the amount (quantum) of which still has to be determined (Rule
34A(4)(b))
and
(3)
thatthedefendantisinsuredinrelationtotheplaintiff’sclaim,orthatthedefendanthasthe
meansto make such an interim payment (Rule 34A(5))
Downloaded by Thomas Mboya ()
, lOMoARcPSD|21997160
Chandri Oosthuizen
Student NR: 56000723
Portfolio 2018
25 April 2018
7) Party-and-party costs are those which have been incurred by a party to legal
proceedings and which the court orders the other party to pay him or her. These
differ from attorney-and client costs, in that they do not include all the costs which
the party to litigation may have incurred, but only such costs, charges and
expenses as were incurred in the actual litigation and which are allowed by the
taxing master.
b)
i. In terms of rule 34, a defendant may, at any time, unconditionally or without
prejudice, offer to settle a plaintiff’s claim where
1 – payment of a sum of money is claimed or
2 – the performance of an act is claimed
ii. Yes, in the case of all other pleadings a party must first receive a notice of bar,
and, if such party still fails to deliver within the period indicated in the notice of
bar (is within a period agreed on) , he or she will be in default as regards the
specific pleading and will Ipso facto be barred.
iii. The defendant must also advance sound reasons for the failure concerned.
Downloaded by Thomas Mboya ()
