[Type the company name]
TLI4801 MAY JUNE
PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025
(801355) - DUE 27 May
2025
NO PLAGIARISM
[Year]
,Exam (elaborations)
TLI4801 MAY JUNE PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025 (801355) - DUE
27 May 2025
Course
Techniques in Trial and Litigation (TLI4801)
Institution
University Of South Africa (Unisa)
Book
Litigation Skills for South African Lawyers
TLI4801 MAY JUNE PORTFILIO (COMPLETE ANSWERS) Semester 1 2025
(801355) - DUE 27 May 2025; 100% TRUSTED Complete, trusted solutions
and explanations Ensure your success with us. ...
Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle manufacturer
based in Pretoria West. Blue Brands (Pty) Ltd (“Blue Brands”) is a contract
filling and manufacturing company based in Johannesburg South. The
company manufactures and fills soap detergent bottles for a number of
brands. On 20 March 2025, the owner of Blue Brands, Ms. Sue Brand, sent an
email to Shiny Plastics to place an order for 50 000 plastic bottles valued at
R300 000,00 in order to complete an order for a client. The bottles were
delivered to Blue Brands the following day, and a copy of the invoice was
handed to Ms. Brand. However, she then neglected to pay for the delivery
within the 30-day period provided for in terms of the invoice. Despite
repeated telephone calls and a formal letter of demand from Shiny Plastics,
Blue Brands has not settled the amount. Shiny Plastics wants to sue Blue
Brands for the outstanding amount. The owner of Shiny Plastics, DW Shine,
approaches you for legal advice regarding the legal proceedings to be
instituted against Blue Brands. Answer the following questions, using proper
references. Note: In your answers, you are required to make up facts/create
facts to supplement the given facts of the case as long as your own rendition
does not detract from the core issues. a) Discuss the type of summons that
Shiny Plastics will use to recover the outstanding amount. (4)
To recover the outstanding amount of R300,000.00, Shiny Plastics (Pty) Ltd will need to
institute legal proceedings by issuing a combined summons.
a) Type of summons: Combined Summons (4 Marks)
,A combined summons is used when the plaintiff’s cause of action is based on a debt or
liquidated demand, but where the plaintiff needs to provide a full set of facts in a particulars
of claim to support the action.
In this case, although the claim is for a liquidated amount (R300,000.00), the matter may involve
contractual details such as:
the nature of the contract or agreement between Shiny Plastics and Blue Brands;
the delivery and acceptance of the goods;
non-payment after a 30-day term; and
efforts to obtain payment (e.g., telephone calls and a letter of demand).
These facts must be set out clearly in the particulars of claim, which accompanies the combined
summons, in order to support the monetary claim.
Legal Authority:
Uniform Rule 17(2)(a) of the High Court Rules provides for a combined summons
where the cause of action is not self-explanatory on the face of the summons and must be
supported by further particulars.
Harinath v Edura Construction (Pty) Ltd 1997 (3) SA 360 (D) – confirmed the
appropriateness of a combined summons where more detailed allegations are required,
even if the claim is for a debt or liquidated amount.
Conclusion:
Shiny Plastics will therefore issue a combined summons in the High Court (because the
amount exceeds R200,000, the jurisdictional limit of the Magistrates’ Court) in order to claim the
R300,000 from Blue Brands for the unpaid invoice. The summons will be accompanied by a
particulars of claim setting out the contract, delivery, invoice terms, and failure to pay.
The claim by Shiny Plastics is for a specific amount of money (R300 000.00) arising from a
contractual obligation – the purchase and delivery of plastic bottles for which Blue Brands has
failed to pay within the agreed 30-day period. This constitutes a debt.
In South African law, when a plaintiff seeks to recover a debt or a liquidated demand, the
appropriate summons to be used is a simple summons.
A simple summons is prescribed by Rule 17(1)(a) of the Uniform Rules of Court. This rule
states that "every action shall be commenced by the delivery by the plaintiff of a summons in the
form set out in the First Schedule". Form 9 of the First Schedule provides the template for a
simple summons.
, A liquidated demand is a claim for a fixed, certain, and ascertained amount of money, or for an
amount capable of speedy and easy ascertainment. In this case, the invoice clearly states the
amount of R300 000.00 for the 50 000 plastic bottles, making it a liquidated demand.
Therefore, because Shiny Plastics is claiming a specific amount of money based on a delivered
invoice with a 30-day payment period, their claim constitutes a liquidated demand.
Consequently, the correct type of summons to be used to institute legal proceedings against Blue
Brands for the outstanding amount is a simple summons.
Reference:
Rule 17(1)(a) of the Uniform Rules of Court.
Form 9 of the First Schedule to the Uniform Rules of Court.
Herbstein and Van Winsen, The Civil Practice of the High Courts and the Supreme
Court of Appeal of South Africa, 5th ed (Juta & Co, 2009) at 315. (This reference
supports the definition and application of a simple summons for debt or liquidated
demands).
(b) Discuss whether summary judgment can be used in the above instance.
(4)
b) Can summary judgment be used in this instance? (Discussion)
Yes, summary judgment can be used in this instance, provided that certain legal requirements
are met.
1. What is Summary Judgment?
Summary judgment is a procedure available to a plaintiff who believes that the defendant has
no bona fide defence to the action and that the defence is merely a delaying tactic. It allows the
plaintiff to obtain judgment without the need for a full trial.
Rule 32 of the Uniform Rules of Court governs summary judgment applications in the
High Court.
It is typically used in cases involving:
o a liquid document;
o a liquidated amount of money;
o delivery of specified movable property;
o ejectment.
TLI4801 MAY JUNE
PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025
(801355) - DUE 27 May
2025
NO PLAGIARISM
[Year]
,Exam (elaborations)
TLI4801 MAY JUNE PORTFILIO (COMPLETE
ANSWERS) Semester 1 2025 (801355) - DUE
27 May 2025
Course
Techniques in Trial and Litigation (TLI4801)
Institution
University Of South Africa (Unisa)
Book
Litigation Skills for South African Lawyers
TLI4801 MAY JUNE PORTFILIO (COMPLETE ANSWERS) Semester 1 2025
(801355) - DUE 27 May 2025; 100% TRUSTED Complete, trusted solutions
and explanations Ensure your success with us. ...
Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle manufacturer
based in Pretoria West. Blue Brands (Pty) Ltd (“Blue Brands”) is a contract
filling and manufacturing company based in Johannesburg South. The
company manufactures and fills soap detergent bottles for a number of
brands. On 20 March 2025, the owner of Blue Brands, Ms. Sue Brand, sent an
email to Shiny Plastics to place an order for 50 000 plastic bottles valued at
R300 000,00 in order to complete an order for a client. The bottles were
delivered to Blue Brands the following day, and a copy of the invoice was
handed to Ms. Brand. However, she then neglected to pay for the delivery
within the 30-day period provided for in terms of the invoice. Despite
repeated telephone calls and a formal letter of demand from Shiny Plastics,
Blue Brands has not settled the amount. Shiny Plastics wants to sue Blue
Brands for the outstanding amount. The owner of Shiny Plastics, DW Shine,
approaches you for legal advice regarding the legal proceedings to be
instituted against Blue Brands. Answer the following questions, using proper
references. Note: In your answers, you are required to make up facts/create
facts to supplement the given facts of the case as long as your own rendition
does not detract from the core issues. a) Discuss the type of summons that
Shiny Plastics will use to recover the outstanding amount. (4)
To recover the outstanding amount of R300,000.00, Shiny Plastics (Pty) Ltd will need to
institute legal proceedings by issuing a combined summons.
a) Type of summons: Combined Summons (4 Marks)
,A combined summons is used when the plaintiff’s cause of action is based on a debt or
liquidated demand, but where the plaintiff needs to provide a full set of facts in a particulars
of claim to support the action.
In this case, although the claim is for a liquidated amount (R300,000.00), the matter may involve
contractual details such as:
the nature of the contract or agreement between Shiny Plastics and Blue Brands;
the delivery and acceptance of the goods;
non-payment after a 30-day term; and
efforts to obtain payment (e.g., telephone calls and a letter of demand).
These facts must be set out clearly in the particulars of claim, which accompanies the combined
summons, in order to support the monetary claim.
Legal Authority:
Uniform Rule 17(2)(a) of the High Court Rules provides for a combined summons
where the cause of action is not self-explanatory on the face of the summons and must be
supported by further particulars.
Harinath v Edura Construction (Pty) Ltd 1997 (3) SA 360 (D) – confirmed the
appropriateness of a combined summons where more detailed allegations are required,
even if the claim is for a debt or liquidated amount.
Conclusion:
Shiny Plastics will therefore issue a combined summons in the High Court (because the
amount exceeds R200,000, the jurisdictional limit of the Magistrates’ Court) in order to claim the
R300,000 from Blue Brands for the unpaid invoice. The summons will be accompanied by a
particulars of claim setting out the contract, delivery, invoice terms, and failure to pay.
The claim by Shiny Plastics is for a specific amount of money (R300 000.00) arising from a
contractual obligation – the purchase and delivery of plastic bottles for which Blue Brands has
failed to pay within the agreed 30-day period. This constitutes a debt.
In South African law, when a plaintiff seeks to recover a debt or a liquidated demand, the
appropriate summons to be used is a simple summons.
A simple summons is prescribed by Rule 17(1)(a) of the Uniform Rules of Court. This rule
states that "every action shall be commenced by the delivery by the plaintiff of a summons in the
form set out in the First Schedule". Form 9 of the First Schedule provides the template for a
simple summons.
, A liquidated demand is a claim for a fixed, certain, and ascertained amount of money, or for an
amount capable of speedy and easy ascertainment. In this case, the invoice clearly states the
amount of R300 000.00 for the 50 000 plastic bottles, making it a liquidated demand.
Therefore, because Shiny Plastics is claiming a specific amount of money based on a delivered
invoice with a 30-day payment period, their claim constitutes a liquidated demand.
Consequently, the correct type of summons to be used to institute legal proceedings against Blue
Brands for the outstanding amount is a simple summons.
Reference:
Rule 17(1)(a) of the Uniform Rules of Court.
Form 9 of the First Schedule to the Uniform Rules of Court.
Herbstein and Van Winsen, The Civil Practice of the High Courts and the Supreme
Court of Appeal of South Africa, 5th ed (Juta & Co, 2009) at 315. (This reference
supports the definition and application of a simple summons for debt or liquidated
demands).
(b) Discuss whether summary judgment can be used in the above instance.
(4)
b) Can summary judgment be used in this instance? (Discussion)
Yes, summary judgment can be used in this instance, provided that certain legal requirements
are met.
1. What is Summary Judgment?
Summary judgment is a procedure available to a plaintiff who believes that the defendant has
no bona fide defence to the action and that the defence is merely a delaying tactic. It allows the
plaintiff to obtain judgment without the need for a full trial.
Rule 32 of the Uniform Rules of Court governs summary judgment applications in the
High Court.
It is typically used in cases involving:
o a liquid document;
o a liquidated amount of money;
o delivery of specified movable property;
o ejectment.
