TLI4801 Assignment 1 Semester 1 2026 (Answer Guide) - DUE 16 March 2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND
WITHIN GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR
REFERENCE, NEVER PLAGARIZE. Thank you and success in your academics.
UNISA, 2025
1. Avril Mark, a commercial property owner, is in the business of leasing office
space in Menlyn, Pretoria. Mr. Mark instructs his attorney, Mr. Winner XT, to
sue his former tenant, Ms. Sue Best, a psychologist, running her business as
a sole proprietor at the Menlyn property of Avril Mark for arrear rentals in
respect of the office space. Mr XT proceeds with a summons issued out of
the High Court division, Pretoria. The matter is defended. The parties prepare
for the trial and Ms. Best fails to disclose some documents. Mr. XT believes
that his client’s case preparation is prejudiced by this failure, and he
approaches the court in terms of Rule 35(7) for an order to force Sue Best to
disclose the documents.
Answer the following questions. You may supplement the given facts,
provided that your own rendition does not detract from the core issues.
(a) Discuss whether it is appropriate for Mr. XT to use an action or
application procedure. (4)
(b) Depending on your answer in (a) above, name and discuss the pleading
or process that will be used by Mr. XT on behalf of his client, Mr. Avril
Mark.
(6)
Refer to Chapter 10 of the prescribed textbook as a starting point. You must
apply the relevant law to the given facts. [10]
Answers
(a) Whether it is appropriate for Mr XT to use an action or an application
procedure (4)
Legal principles
South African civil procedure distinguishes between action proceedings and
application proceedings:
Action proceedings are appropriate where there is a real dispute of fact,
resolved through pleadings, discovery, and oral evidence.
, Application proceedings are suitable where facts are common cause or can
be resolved on affidavit evidence, and usually seek interlocutory or
procedural relief.
An important exception is that interlocutory matters arising within an action are
generally brought by application, even though the main matter proceeds by action.
Application to the facts
Mr Mark’s main claim for arrear rentals was correctly instituted by action in the
High Court because:
o It involves a contractual dispute (lease agreement).
o The matter is defended, indicating a dispute of fact.
However, the present issue does not concern the merits of the rental claim,
but rather:
o Ms Best’s failure to disclose documents during discovery.
o The prejudice suffered by Mr Mark in preparing for trial.
Rule 35(7) specifically provides a procedural remedy where a party fails to comply with
discovery obligations. This remedy is interlocutory in nature and is traditionally sought
by application.
Conclusion
It is appropriate and correct for Mr XT to proceed by application, not action, because:
The relief sought is procedural and interlocutory.
There is no factual dispute regarding the failure to disclose.
Rule 35(7) expressly contemplates court intervention by application.
(b) Pleading or process to be used by Mr XT on behalf of Mr Avril Mark (6)
Applicable process: Interlocutory Application in terms of Rule 35(7)
Legal framework
Rule 35 governs discovery and inspection of documents in action proceedings.
Rule 35(7) provides that if a party fails to comply with discovery obligations, the court
may, on application:
Compel compliance; or
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND
WITHIN GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR
REFERENCE, NEVER PLAGARIZE. Thank you and success in your academics.
UNISA, 2025
1. Avril Mark, a commercial property owner, is in the business of leasing office
space in Menlyn, Pretoria. Mr. Mark instructs his attorney, Mr. Winner XT, to
sue his former tenant, Ms. Sue Best, a psychologist, running her business as
a sole proprietor at the Menlyn property of Avril Mark for arrear rentals in
respect of the office space. Mr XT proceeds with a summons issued out of
the High Court division, Pretoria. The matter is defended. The parties prepare
for the trial and Ms. Best fails to disclose some documents. Mr. XT believes
that his client’s case preparation is prejudiced by this failure, and he
approaches the court in terms of Rule 35(7) for an order to force Sue Best to
disclose the documents.
Answer the following questions. You may supplement the given facts,
provided that your own rendition does not detract from the core issues.
(a) Discuss whether it is appropriate for Mr. XT to use an action or
application procedure. (4)
(b) Depending on your answer in (a) above, name and discuss the pleading
or process that will be used by Mr. XT on behalf of his client, Mr. Avril
Mark.
(6)
Refer to Chapter 10 of the prescribed textbook as a starting point. You must
apply the relevant law to the given facts. [10]
Answers
(a) Whether it is appropriate for Mr XT to use an action or an application
procedure (4)
Legal principles
South African civil procedure distinguishes between action proceedings and
application proceedings:
Action proceedings are appropriate where there is a real dispute of fact,
resolved through pleadings, discovery, and oral evidence.
, Application proceedings are suitable where facts are common cause or can
be resolved on affidavit evidence, and usually seek interlocutory or
procedural relief.
An important exception is that interlocutory matters arising within an action are
generally brought by application, even though the main matter proceeds by action.
Application to the facts
Mr Mark’s main claim for arrear rentals was correctly instituted by action in the
High Court because:
o It involves a contractual dispute (lease agreement).
o The matter is defended, indicating a dispute of fact.
However, the present issue does not concern the merits of the rental claim,
but rather:
o Ms Best’s failure to disclose documents during discovery.
o The prejudice suffered by Mr Mark in preparing for trial.
Rule 35(7) specifically provides a procedural remedy where a party fails to comply with
discovery obligations. This remedy is interlocutory in nature and is traditionally sought
by application.
Conclusion
It is appropriate and correct for Mr XT to proceed by application, not action, because:
The relief sought is procedural and interlocutory.
There is no factual dispute regarding the failure to disclose.
Rule 35(7) expressly contemplates court intervention by application.
(b) Pleading or process to be used by Mr XT on behalf of Mr Avril Mark (6)
Applicable process: Interlocutory Application in terms of Rule 35(7)
Legal framework
Rule 35 governs discovery and inspection of documents in action proceedings.
Rule 35(7) provides that if a party fails to comply with discovery obligations, the court
may, on application:
Compel compliance; or
