TLI4801 ASSIGNMENT 1
SEMESTER 2 - 2023
UNIQUE NUMBER: 827464
DUE DATE: 14 AUGUST 2023
, ASSIGNMENT 1
UNIQUE NUMBER: 827464
CLOSING DATE: 14 AUGUST 2023
MARKS: 30
1. Mr. Joe White, who is a male high school teacher, is married to Cecile White, a
nurse, for nine years. The couple reside in Robindale, Johannesburg. They have
two minor children, Kevin and Nancy. The Whites’ decide to divorce after nine
years, citing irreconcilable differences. Mrs. White approaches you for assistance
regarding the divorce proceedings.
Answer the following questions. Note: In your answers, you may make up facts to
supplement the given facts provided that your own rendition does not detract
from the core issues.
(a) Discuss the type of summons that will be used to institute Mrs White’s divorce
action.
It 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.
Therefore, the combined summons is the appropriate summons to use to institute Mrs
White’s divorce action where the status of parties are/will be affected.
1
SEMESTER 2 - 2023
UNIQUE NUMBER: 827464
DUE DATE: 14 AUGUST 2023
, ASSIGNMENT 1
UNIQUE NUMBER: 827464
CLOSING DATE: 14 AUGUST 2023
MARKS: 30
1. Mr. Joe White, who is a male high school teacher, is married to Cecile White, a
nurse, for nine years. The couple reside in Robindale, Johannesburg. They have
two minor children, Kevin and Nancy. The Whites’ decide to divorce after nine
years, citing irreconcilable differences. Mrs. White approaches you for assistance
regarding the divorce proceedings.
Answer the following questions. Note: In your answers, you may make up facts to
supplement the given facts provided that your own rendition does not detract
from the core issues.
(a) Discuss the type of summons that will be used to institute Mrs White’s divorce
action.
It 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.
Therefore, the combined summons is the appropriate summons to use to institute Mrs
White’s divorce action where the status of parties are/will be affected.
1
