, TLI4801 Assignment 1 Semester 1 2026 - DUE 16 March 2026; 100%
CORRECT AND TRUSTED SOLUTIONS
Question 1
(a) Whether it is appropriate for Mr XT to use an action or application
procedure
(4 marks)
In South African civil procedure, the choice between action
proceedings and application proceedings depends primarily on
whether there is a material dispute of fact between the parties. Action
proceedings are appropriate where disputes of fact are foreseeable and
oral evidence will likely be required, whereas application proceedings
are generally suitable where the facts are common cause and the
dispute turns mainly on questions of law.¹
In the present matter, Mr XT issued a summons out of the High Court,
Pretoria, for arrear rental. A claim for arrear rental arising from a lease
agreement typically involves factual disputes, such as the existence and
terms of the lease, breach, quantum of arrears, or possible defences
raised by the tenant. This is confirmed by the fact that the matter is
defended, which indicates that disputes of fact do exist or are
reasonably anticipated.
Furthermore, the issue now arises during the trial preparation phase,
where Ms Best has allegedly failed to disclose certain documents. Rule
35 of the Uniform Rules of Court regulates discovery within action
proceedings, not applications.² The relief sought by Mr XT in terms of
Rule 35(7) is therefore incidental to pending action proceedings and
does not constitute a standalone application on motion.
CORRECT AND TRUSTED SOLUTIONS
Question 1
(a) Whether it is appropriate for Mr XT to use an action or application
procedure
(4 marks)
In South African civil procedure, the choice between action
proceedings and application proceedings depends primarily on
whether there is a material dispute of fact between the parties. Action
proceedings are appropriate where disputes of fact are foreseeable and
oral evidence will likely be required, whereas application proceedings
are generally suitable where the facts are common cause and the
dispute turns mainly on questions of law.¹
In the present matter, Mr XT issued a summons out of the High Court,
Pretoria, for arrear rental. A claim for arrear rental arising from a lease
agreement typically involves factual disputes, such as the existence and
terms of the lease, breach, quantum of arrears, or possible defences
raised by the tenant. This is confirmed by the fact that the matter is
defended, which indicates that disputes of fact do exist or are
reasonably anticipated.
Furthermore, the issue now arises during the trial preparation phase,
where Ms Best has allegedly failed to disclose certain documents. Rule
35 of the Uniform Rules of Court regulates discovery within action
proceedings, not applications.² The relief sought by Mr XT in terms of
Rule 35(7) is therefore incidental to pending action proceedings and
does not constitute a standalone application on motion.
