TLI4801 ASSIGNMENT 1 SEMESTER 1 FOR 2022-TECHNIQUES IN TRIAL AND LITIGATION-90% AND ABOVE

TLI4801 ASSIGNMENT 1 SEMESTER 1 FOR 2022-
TECHNIQUES IN TRIAL AND LITIGATION.
GUARANTEE PASS. 90% AND ABOVE. QUALITY
WORK WITH FOOT NOTES AND BIBLIOGRAPHY.




QUESTION 1

(a)

Discuss whether it is appropriate for Mr. A to use an action or application
procedure. (4)

It is appropriate for Mr A to use an application procedure. This is explained as follows.
In application procedure, the evidence is presented to the court. In this scenario, Mr. A
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 Liz Taylor to disclose
the documents. Rule 35(7) of the Supreme Court Act 59 of 1959 provides that the party
giving the notice to discover, may apply to the court for an order for compliance by the
other party and, failing such compliance, dismissing their claim or striking out their
defence.1 In application procedure, which is initiated by the issue of notice of motion, the
evidence is presented to the court in the form of affidavits. It is a clear indication that the
application procedure is appropriate for Mr A to use because Mr A wants Liz Taylor to
disclose the documents and these documents are part of the evidence.




1
Supreme Court Act 59 of 1959.