TLI4801 (TRIAL AND LITIGATION)
PORTFOLIO
QUESTION 1: CIVIL PRACTICE
(a) Type of court proceedings
EBA must institute a claim in the High Court, as the amount in dispute is more than
R1,5 million, which is beyond the jurisdiction of the Magistrate's Court. The High
Court has the necessary jurisdiction to deal with the claim and has the power to
grant the relief sought by EBA.
(b) Summary judgment
Summary judgment may be used in this instance if EBA can demonstrate that there
is no genuine dispute about the facts and that DSA's defense is frivolous or without
merit. Since EBA has already sent a formal letter of demand and has not received a
response from DSA, it is likely that summary judgment may be granted in EBA's
favor.
(c) Pleading
The pleading that must be drafted by EBA in response to DSA's intention to defend
the matter is an answer. The answer should include:
* Heading: "Answer of EBA (Pty) Ltd to the Defence of DSA Equipment (Pty) Ltd"
* Description of the parties: EBA (Pty) Ltd (plaintiff) and DSA Equipment (Pty) Ltd
(defendant)
* Locus standi: EBA has the necessary locus standi to institute the claim as it has a
direct interest in the matter
* Court's jurisdiction: The High Court has jurisdiction to hear and determine the
matter
* Material facts: The facts as stated in the question, including the written agreement,
delivery of goods, and non-payment by DSA
* Prayer: EBA prays that the court orders DSA to pay the outstanding amount of
R1,5 million
(d) Draft pleading
Here is a draft pleading for EBA:
"Answer of EBA (Pty) Ltd to the Defence of DSA Equipment (Pty) Ltd
, IN THE HIGH COURT OF SOUTH AFRICA
CASE NO. [Insert case number]
EBA (Pty) Ltd
Plaintiff
AND
DSA Equipment (Pty) Ltd
Defendant
STATEMENT OF DEFENDANT'S DEFENCE
1. The Defendant admits that it entered into a written agreement with the Plaintiff for
the supply and delivery of components on 30-day credit terms.
2. The Defendant admits that it delivered the goods to the Plaintiff's premises on
[insert date].
3. The Defendant admits that it issued an invoice to the Plaintiff for R1,5 million.
4. The Defendant admits that it has not received payment from the Plaintiff despite
numerous calls and a formal letter of demand.
DENIAL OF DEFENDANT'S DEFENCE
The Defendant denies that it is entitled to any defence or counterclaim in this matter.
PRAYER
The Plaintiff prays that this Honourable Court orders the Defendant to pay the
outstanding amount of R1,5 million, together with interest and costs.
DATED at [insert date]
[Insert name]
Solicitor for EBA (Pty) Ltd"
(e) ADR mechanism
Considering the facts, arbitration would be a more suitable ADR mechanism than
negotiation. This is because arbitration provides a more formal and structured
PORTFOLIO
QUESTION 1: CIVIL PRACTICE
(a) Type of court proceedings
EBA must institute a claim in the High Court, as the amount in dispute is more than
R1,5 million, which is beyond the jurisdiction of the Magistrate's Court. The High
Court has the necessary jurisdiction to deal with the claim and has the power to
grant the relief sought by EBA.
(b) Summary judgment
Summary judgment may be used in this instance if EBA can demonstrate that there
is no genuine dispute about the facts and that DSA's defense is frivolous or without
merit. Since EBA has already sent a formal letter of demand and has not received a
response from DSA, it is likely that summary judgment may be granted in EBA's
favor.
(c) Pleading
The pleading that must be drafted by EBA in response to DSA's intention to defend
the matter is an answer. The answer should include:
* Heading: "Answer of EBA (Pty) Ltd to the Defence of DSA Equipment (Pty) Ltd"
* Description of the parties: EBA (Pty) Ltd (plaintiff) and DSA Equipment (Pty) Ltd
(defendant)
* Locus standi: EBA has the necessary locus standi to institute the claim as it has a
direct interest in the matter
* Court's jurisdiction: The High Court has jurisdiction to hear and determine the
matter
* Material facts: The facts as stated in the question, including the written agreement,
delivery of goods, and non-payment by DSA
* Prayer: EBA prays that the court orders DSA to pay the outstanding amount of
R1,5 million
(d) Draft pleading
Here is a draft pleading for EBA:
"Answer of EBA (Pty) Ltd to the Defence of DSA Equipment (Pty) Ltd
, IN THE HIGH COURT OF SOUTH AFRICA
CASE NO. [Insert case number]
EBA (Pty) Ltd
Plaintiff
AND
DSA Equipment (Pty) Ltd
Defendant
STATEMENT OF DEFENDANT'S DEFENCE
1. The Defendant admits that it entered into a written agreement with the Plaintiff for
the supply and delivery of components on 30-day credit terms.
2. The Defendant admits that it delivered the goods to the Plaintiff's premises on
[insert date].
3. The Defendant admits that it issued an invoice to the Plaintiff for R1,5 million.
4. The Defendant admits that it has not received payment from the Plaintiff despite
numerous calls and a formal letter of demand.
DENIAL OF DEFENDANT'S DEFENCE
The Defendant denies that it is entitled to any defence or counterclaim in this matter.
PRAYER
The Plaintiff prays that this Honourable Court orders the Defendant to pay the
outstanding amount of R1,5 million, together with interest and costs.
DATED at [insert date]
[Insert name]
Solicitor for EBA (Pty) Ltd"
(e) ADR mechanism
Considering the facts, arbitration would be a more suitable ADR mechanism than
negotiation. This is because arbitration provides a more formal and structured
