NICOLE GOVENDER 57897891 TLI4801-607872
TECHNIQUES IN TRIAL AND LITIGATION (TLI4801)
By
NICOLE GOVENDER
(57897891)
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROFESSOR F CCASSIM
(ASSIGNMENT 03)
UNIQUE NUMBER: 607872
1
,NICOLE GOVENDER 57897891 TLI4801-607872
DECLARATION OF AUTHENTICITY
I, NICOLE GOVENDER
Student number: 57897891
Declare that I am the author of this examination in TLI4801 I further declare
that the entire examination is my own, original work and that where I used
other information and resources, I did so in a responsible manner. I did not
plagiarise in any way and I have referenced and acknowledged any
legal resources that I have consulted and used to complete this
examination.
By signing this declaration, I acknowledge that I am aware of
what plagiarism is, and the consequences thereof. Furthermore, I
acknowledge that I am aware of UNISA’s policy on plagiarism and
understand that if there is evidence of plagiarism within this document,
UNISA may take the necessary action.
Date: 1 0CTOBER 2019
Place: RANDBURG, GAUTENG
Signature:
2
, NICOLE GOVENDER 57897891 TLI4801-607872
QUESTION ONE:
a. A combined summons is applicable in Mr. Smiths case because It is compulsory
to use a combined summons in the case of an unliquidated claim such as a claim
for damages or an illiquid claim, such as divorce. It includes the summons (a
notice) and the particulars of claim (material facts). it combines a summons and a
full statement of claim in one document.
b. The particulars of claim will be annexed to the summons, the particulars of claim
contain the material facts on which the plaintiff relies for his cause of action.
These facts are set out in a concise and logical way in a separate annexure (with
the heading ‘Particulars of claim’) which is attached to the summons. While the
summons itself is drafted and signed by an attorney, the particulars of claim are
usually drafted by an advocate and signed by both an advocate and an attorney
in the High Court and must comply with rule 18 of the High Court and the
similarly worded rule 6 of the Magistrates’ Courts, which relate to pleadings.
c.
3
TECHNIQUES IN TRIAL AND LITIGATION (TLI4801)
By
NICOLE GOVENDER
(57897891)
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROFESSOR F CCASSIM
(ASSIGNMENT 03)
UNIQUE NUMBER: 607872
1
,NICOLE GOVENDER 57897891 TLI4801-607872
DECLARATION OF AUTHENTICITY
I, NICOLE GOVENDER
Student number: 57897891
Declare that I am the author of this examination in TLI4801 I further declare
that the entire examination is my own, original work and that where I used
other information and resources, I did so in a responsible manner. I did not
plagiarise in any way and I have referenced and acknowledged any
legal resources that I have consulted and used to complete this
examination.
By signing this declaration, I acknowledge that I am aware of
what plagiarism is, and the consequences thereof. Furthermore, I
acknowledge that I am aware of UNISA’s policy on plagiarism and
understand that if there is evidence of plagiarism within this document,
UNISA may take the necessary action.
Date: 1 0CTOBER 2019
Place: RANDBURG, GAUTENG
Signature:
2
, NICOLE GOVENDER 57897891 TLI4801-607872
QUESTION ONE:
a. A combined summons is applicable in Mr. Smiths case because It is compulsory
to use a combined summons in the case of an unliquidated claim such as a claim
for damages or an illiquid claim, such as divorce. It includes the summons (a
notice) and the particulars of claim (material facts). it combines a summons and a
full statement of claim in one document.
b. The particulars of claim will be annexed to the summons, the particulars of claim
contain the material facts on which the plaintiff relies for his cause of action.
These facts are set out in a concise and logical way in a separate annexure (with
the heading ‘Particulars of claim’) which is attached to the summons. While the
summons itself is drafted and signed by an attorney, the particulars of claim are
usually drafted by an advocate and signed by both an advocate and an attorney
in the High Court and must comply with rule 18 of the High Court and the
similarly worded rule 6 of the Magistrates’ Courts, which relate to pleadings.
c.
3
