Assignment on Civil Procedure

ST10090642 CIPR8411 Assignment




Talia Kotzen


ST10090642


CIPR8411 Assignment


Group 4

,ST10090642 CIPR8411 Assignment


Table of Contents
Question 1………………………………………………………………………………………………………………..3

1. Summary of facts…………………………………………………………………………………………..3
2. Cause of action……………………………………………………………………………………….…….3
3. Locus Standi…………………………………………………………………,….…………………………..4
4. Courts Available……………………………………………………………….…………………..….……4

Question 2………………………………………………………………………………………………………………..6

Question 3………………………………………………………………………………………………………………..8

Question 4……………………………………………………………………………………………………………….11

1. Introduction……………………………………………………………………………………………..……11
2. Procedural Difficulties Relating to Service………………………………………………………….11
3. Is ordinary service competent………………………………………………………………………….12
4. Procedural mechanisms available to effect service, when leave of the court is
required ……………………………………………………………………………………………………….13
5. Attempting service without complying with the relevant rules………………………………13
6. Conclusion……………………………………………………………………………………………………14

Reference list…………………………………………………………………………………………………….15

, ST10090642 CIPR8411 Assignment


Question 1

LEGAL MEMORANDUM

TO: Ms Orrie

FROM: Ms Talia Kotzen

DATE: 05 April 2026

FILE: Isabella Naidoo // LuxeBuild (Pty) Ltd

FILE NUMBER: N0645

SUBJECT: LEGAL OPINION ON DEBT RECOVERY FOR ISABELLA NAIDOO

1. Summary of Facts

1.1 On 15 March 2024 Isabella Naidoo (“client”) concluded a written agreement with
LuxeBuild (Pty) Ltd (“debtor”).

1.2 In terms of the written agreement (“the agreement”) client would render interior design
services to the debtor.

1.3 The agreed price was R280 000 payable as follows:

1.3.1 R140 000 on commencement of the work;

1.3.2 The balance of R140 000 payable by way of seven instalments of R20 000
each, commencing in the first month after completion of the project.

1.4 The agreement is subject to the National Credit Act.1

1.5 Client completed the project on 30 April 2025 and rendered her final invoice on that
date. Based on the correspondence there does not appear to be a dispute regarding
the rendering of services. The debtor paid the initial amount but has failed to pay the
outstanding balance of R140 000 despite demand.



2. Cause of Action

2.1 Generally in law three causes of action exist, namely:

2.1.1 Contractual – based on a contract or agreement;

2.1.2 Delictual – based on an intentional or negligent wrongful act causing damages;

2.1.3 Unjust enrichment – if a cause of action is not founded in contract or delict then
it may be founded in some form of enrichment.2

2.2 The client has a contractual claim against the debtor based on the written agreement.
A valid written agreement was concluded between the parties in terms of which the



1Act 34 of 2005.
2Pete, S, Hulme, D, Du Plessis, M, Palmer, R, Sibanda, O, Palmer, T Civil Procedure A Practical
Guide 4th ed (2023) 25- 36.