TLI4801
Assignment 1 (Semester 1)
DUE 16 MARCH 2026
QUESTION 1
(a) Discuss whether it is appropriate for Mr. XT to use an action or application
procedure.
The dispute between Mr Mark and Ms Best arises from a lease agreement and
concerns arrear rental. Such disputes are contractual in nature and are likely to involve
material disputes of fact, including the existence of the debt, the amount outstanding
and compliance with the lease terms. In South African civil procedure, where disputes of
fact are foreseeable, the correct procedure is to proceed by action and not by
application.1
Although Mr XT seeks relief in terms of Rule 35(7) due to the defendant’s failure to
disclose documents, this relief is sought within already existing action proceedings. The
use of Rule 35(7) does not convert the matter into application proceedings but merely
provides a mechanism to enforce procedural compliance.2
Accordingly, it is appropriate for Mr XT to proceed by way of action proceedings.3
1
Marnewick CG Litigation Skills for South African Lawyers 5 ed (2024) LexisNexis ch 10.
2
Uniform Rule of Court 35(7).
3
Marnewick (2024) ch 10.
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
Assignment 1 (Semester 1)
DUE 16 MARCH 2026
QUESTION 1
(a) Discuss whether it is appropriate for Mr. XT to use an action or application
procedure.
The dispute between Mr Mark and Ms Best arises from a lease agreement and
concerns arrear rental. Such disputes are contractual in nature and are likely to involve
material disputes of fact, including the existence of the debt, the amount outstanding
and compliance with the lease terms. In South African civil procedure, where disputes of
fact are foreseeable, the correct procedure is to proceed by action and not by
application.1
Although Mr XT seeks relief in terms of Rule 35(7) due to the defendant’s failure to
disclose documents, this relief is sought within already existing action proceedings. The
use of Rule 35(7) does not convert the matter into application proceedings but merely
provides a mechanism to enforce procedural compliance.2
Accordingly, it is appropriate for Mr XT to proceed by way of action proceedings.3
1
Marnewick CG Litigation Skills for South African Lawyers 5 ed (2024) LexisNexis ch 10.
2
Uniform Rule of Court 35(7).
3
Marnewick (2024) ch 10.
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
