MEMORANDUM ANSWERS FOR
TLI4801 ASSIGNMENT 1 2023
💯 Guarantee
MODULE CODE: TLI 4801
UNIQUE NO: 827464
DUE: 10 AUGUST 2023
, 1.
(a) The type of summons is a combined summons because the claim is unliquidated. An
unliquidated claim is a claim in which the quantum must be determined for example,
where the status of parties is affected, such as in a divorce. Therefore, the claim is not
for a claim for a debt or liquidated demand, where one would use a simple summons
(or possibly a provisional sentence summons based on a liquid document). The
combined summons is used often involving serious factual disputes that involve the
leading of oral evidence to resolve the issues.1
(b) The pleading is called a particulars of claim. A combined summons comprises the
summons and the particulars of claim which is combined in one document, and it
forms a unit. An unliquidated claim is made by way of “particulars of claim”, which is a
separate document attached to the summons. The material facts are set out with
sufficient particularity in the particulars of claim, and it contains the evidence to
substantiate the claim for example, a divorce action in this instance. Rule 18((3) and
4) of the Uniform Rules notes that the particulars of claim set out the particulars in
consecutive numbered paragraphs containing as far as possible separate averments. 2
(c) The prayer refers to the relief claimed in an action.
Plaintiff’s Prayer:
Wherefore Plaintiff claims:
(1) A decree of divorce.
1 Marnewick CG Litigation Skills for South African Lawyers 4 th edition (2019 LexisNexis) at Chapter 6.
2 Uniform Rules of Court [F].pdf (saflii.org)
TLI4801 ASSIGNMENT 1 2023
💯 Guarantee
MODULE CODE: TLI 4801
UNIQUE NO: 827464
DUE: 10 AUGUST 2023
, 1.
(a) The type of summons is a combined summons because the claim is unliquidated. An
unliquidated claim is a claim in which the quantum must be determined for example,
where the status of parties is affected, such as in a divorce. Therefore, the claim is not
for a claim for a debt or liquidated demand, where one would use a simple summons
(or possibly a provisional sentence summons based on a liquid document). The
combined summons is used often involving serious factual disputes that involve the
leading of oral evidence to resolve the issues.1
(b) The pleading is called a particulars of claim. A combined summons comprises the
summons and the particulars of claim which is combined in one document, and it
forms a unit. An unliquidated claim is made by way of “particulars of claim”, which is a
separate document attached to the summons. The material facts are set out with
sufficient particularity in the particulars of claim, and it contains the evidence to
substantiate the claim for example, a divorce action in this instance. Rule 18((3) and
4) of the Uniform Rules notes that the particulars of claim set out the particulars in
consecutive numbered paragraphs containing as far as possible separate averments. 2
(c) The prayer refers to the relief claimed in an action.
Plaintiff’s Prayer:
Wherefore Plaintiff claims:
(1) A decree of divorce.
1 Marnewick CG Litigation Skills for South African Lawyers 4 th edition (2019 LexisNexis) at Chapter 6.
2 Uniform Rules of Court [F].pdf (saflii.org)
