lOMoARcPSD|18 22266 2
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32 TLI4801
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34
35
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37 EXAM PACK 2025
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38 QUESTION 1
39 (a) Types of Summons
40 There are two main types of summons available:
41 • Provisional Sentence Summons: This type is issued where the plaintiff relies on a liquid
42 document as proof of the defendant’s indebtedness. A liquid document refers to a written
43 acknowledgment by the defendant of their debt to the plaintiff, such as cheques,
44 acknowledgments of debt, or mortgage bonds. In this procedure, the facts and the amount
45 claimed are not disputed.
46 • Combined Summons: This summons is accompanied by particulars of claim, which
47 makes it a “combined summons.” It is used when the claim is for an unliquidated amount,
48 meaning the exact value must still be determined by the court. The particulars of claim
49 provide a detailed description of the case, including the relevant facts and supporting
50 evidence. The court (or presiding judge) will assess the evidence and determine the most
51 appropriate amount to be awarded. A combined summons must comply with Rule 17(2)
52 and follow the format set out in Form 10 of the First Schedule.
53 In the present case, Mr. Barnes seeks damages for personal injuries against Mr. Joe Speedy. Since
54 the matter involves an unliquidated claim, a combined summons is required. Even though a
55 monetary amount is mentioned in respect of damages, the exact figure must be proven through
56 evidence. Furthermore, Mr. Speedy has not acknowledged liability, and the extent of damages is
57 not set out in a contractual document or agreement. The presiding officer will therefore decide on
58 the appropriate amount based on the facts and evidence presented.
59 Additionally, the Road Accident Fund (RAF) may be joined as a defendant because the claim
60 arises from an accident on a public road. Potential claimants under the RAF include drivers,
61 passengers, pedestrians, cyclists, and motorcyclists, provided they were not wholly responsible for
62 the accident.
63
64 (b) Particulars of Claim
65 An unliquidated claim is instituted through particulars of claim, which must accompany the
66 summons. Together, they form a combined summons.
67 In terms of Rule 18(4), the legal representative must set out the material facts in sufficient detail
68 so that the plaintiff can rely on them as evidence. These particulars must include relevant
69 annexures as proof and be arranged in consecutively numbered paragraphs, with each allegation
70 clearly separated (Rule 18(3)). This ensures that the plaintiff, defendant, counsel, and the court
71 understand the nature and details of the claim.
72 Uniform Rules on Particulars of Claim:
73 • Rule 18(10): Any claim for damages must contain adequate detail to allow the defendant,
74 legal representatives, and the court to assess the claim.
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75 • Rule 13: Allegations must be set out in numbered paragraphs.
76 • Rule 18(4): Requires details such as the parties’ names, residence, occupation, sex, marital
77 status, and all facts relevant to the claim.
78
79 (c) Facta Probanda
80 Facta probanda are the material facts that establish the essential legal elements of a cause of
81 action or defence. They must be presented in a way that reflects the specific facts of the case. To
82 prove these material facts, supporting evidence (also known as facta probantia) must be provided.
83 The law requires all material facts of a claim or defence to be explicitly pleaded. Under Rule
84 18(4) of the Uniform Rules of Court, such facts must be set out with sufficient detail to enable the
85 opposing party to respond. While it is common practice to include details of any prior demand in
86 the statement of claim, this is not a strict legal requirement for the enforceability of a claim. These
87 material facts, together with supporting evidence, are what the plaintiff must prove in order to
88 succeed in the action.
89 (d) Draft Particulars of Claim
90 IN THE MAGISTRATES’ COURT FOR THE REGIONAL DIVISION OF GAUTENG
91 HELD AT PRETORIA
92 In the matter between:
93 JOHN BARNES — Plaintiff
94 and
95 JOE SPEEDY — Defendant
96
97 1.
98 The Plaintiff, Mr. John Barnes, is an adult male, employed as a professor, with identity number
99 5802010021084, residing at 35 Kings Highway, Lynnwood, Pretoria, 0081.
100 2.
101 The Defendant, Mr. Joe Speedy, is an adult male, employed as a taxi driver, with identity number
102 7202010021084, residing at 85 Bovidan Crescent, Silverton, Pretoria, 0184.
103 3.
104 3.1 On 2 July 2023, at approximately 06:00, the Plaintiff was struck from behind by a taxi bearing
105 registration number BN2464GP, driven by the Defendant. As a result, the Plaintiff sustained
106 severe bodily injuries.
107 3.2 The accident occurred on a public road in Lynnwood, Pretoria.
108 4. MATERIAL FACTS
109 The following facts are material to the claim:
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110 4.1 The Plaintiff, Mr. Barnes, sustained serious injuries due to the Defendant’s actions.
111 4.2 At the time of the accident, the Defendant, Mr. Speedy, was operating the taxi with
112 registration number BN2464GP.
113 4.3 The accident was caused by the Defendant’s negligence in that he:
114 4.3.1 Drove at an excessive speed;
115 4.3.2 Failed to maintain a proper lookout;
116 4.3.3 Failed to take reasonable steps to avoid the collision;
117 4.3.4 Failed to consider the presence and safety of other road users;
118 4.3.5 Failed to stop after the accident occurred.
119 5. DAMAGES
120 As a direct result of the Defendant’s negligence, the Plaintiff sustained the following injuries,
121 leading to damages quantified at R950,000.00:
122 5.1 Fractured right leg;
123 5.2 Fractured pelvis;
124 5.3 A laceration above the right eye, resulting in facial scarring;
125 5.4 Bruising and abrasions on the right side of his body.
126 6. PARTICULARS OF LOSS
Loss Category Amount (R)
Past medical expenses 300,000.00
Future medical expenses 200,000.00
Future loss of income/earnings 150,000.00
General damages (pain and suffering) 150,000.00
Emotional trauma 150,000.00
TOTAL 950,000.00
127 7.
128 In the circumstances, the Defendant is liable to compensate the Plaintiff in the amount of
129 R950,000.00.
130
131 (e) Defective Pleading and Remedial Steps
132 In this matter, the particulars of claim were not signed by the Plaintiff’s legal representative. This
133 omission renders the pleading defective and allows the Defendant’s counsel to raise an objection.
134 Rule 18 of the Uniform Rules of Court provides that all pleadings, except a summons, must be
135 signed by both an attorney and an advocate, or, in terms of section 4(2) of the Right of
136 Appearance in Courts Act 62 of 1995, by an attorney with the right of appearance in the High
137 Court. Failure to comply may render the pleading irregular.
4
31
32 TLI4801
33
34
35
36
37 EXAM PACK 2025
1
, lOMoARcPSD|18 22266 2
38 QUESTION 1
39 (a) Types of Summons
40 There are two main types of summons available:
41 • Provisional Sentence Summons: This type is issued where the plaintiff relies on a liquid
42 document as proof of the defendant’s indebtedness. A liquid document refers to a written
43 acknowledgment by the defendant of their debt to the plaintiff, such as cheques,
44 acknowledgments of debt, or mortgage bonds. In this procedure, the facts and the amount
45 claimed are not disputed.
46 • Combined Summons: This summons is accompanied by particulars of claim, which
47 makes it a “combined summons.” It is used when the claim is for an unliquidated amount,
48 meaning the exact value must still be determined by the court. The particulars of claim
49 provide a detailed description of the case, including the relevant facts and supporting
50 evidence. The court (or presiding judge) will assess the evidence and determine the most
51 appropriate amount to be awarded. A combined summons must comply with Rule 17(2)
52 and follow the format set out in Form 10 of the First Schedule.
53 In the present case, Mr. Barnes seeks damages for personal injuries against Mr. Joe Speedy. Since
54 the matter involves an unliquidated claim, a combined summons is required. Even though a
55 monetary amount is mentioned in respect of damages, the exact figure must be proven through
56 evidence. Furthermore, Mr. Speedy has not acknowledged liability, and the extent of damages is
57 not set out in a contractual document or agreement. The presiding officer will therefore decide on
58 the appropriate amount based on the facts and evidence presented.
59 Additionally, the Road Accident Fund (RAF) may be joined as a defendant because the claim
60 arises from an accident on a public road. Potential claimants under the RAF include drivers,
61 passengers, pedestrians, cyclists, and motorcyclists, provided they were not wholly responsible for
62 the accident.
63
64 (b) Particulars of Claim
65 An unliquidated claim is instituted through particulars of claim, which must accompany the
66 summons. Together, they form a combined summons.
67 In terms of Rule 18(4), the legal representative must set out the material facts in sufficient detail
68 so that the plaintiff can rely on them as evidence. These particulars must include relevant
69 annexures as proof and be arranged in consecutively numbered paragraphs, with each allegation
70 clearly separated (Rule 18(3)). This ensures that the plaintiff, defendant, counsel, and the court
71 understand the nature and details of the claim.
72 Uniform Rules on Particulars of Claim:
73 • Rule 18(10): Any claim for damages must contain adequate detail to allow the defendant,
74 legal representatives, and the court to assess the claim.
2
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75 • Rule 13: Allegations must be set out in numbered paragraphs.
76 • Rule 18(4): Requires details such as the parties’ names, residence, occupation, sex, marital
77 status, and all facts relevant to the claim.
78
79 (c) Facta Probanda
80 Facta probanda are the material facts that establish the essential legal elements of a cause of
81 action or defence. They must be presented in a way that reflects the specific facts of the case. To
82 prove these material facts, supporting evidence (also known as facta probantia) must be provided.
83 The law requires all material facts of a claim or defence to be explicitly pleaded. Under Rule
84 18(4) of the Uniform Rules of Court, such facts must be set out with sufficient detail to enable the
85 opposing party to respond. While it is common practice to include details of any prior demand in
86 the statement of claim, this is not a strict legal requirement for the enforceability of a claim. These
87 material facts, together with supporting evidence, are what the plaintiff must prove in order to
88 succeed in the action.
89 (d) Draft Particulars of Claim
90 IN THE MAGISTRATES’ COURT FOR THE REGIONAL DIVISION OF GAUTENG
91 HELD AT PRETORIA
92 In the matter between:
93 JOHN BARNES — Plaintiff
94 and
95 JOE SPEEDY — Defendant
96
97 1.
98 The Plaintiff, Mr. John Barnes, is an adult male, employed as a professor, with identity number
99 5802010021084, residing at 35 Kings Highway, Lynnwood, Pretoria, 0081.
100 2.
101 The Defendant, Mr. Joe Speedy, is an adult male, employed as a taxi driver, with identity number
102 7202010021084, residing at 85 Bovidan Crescent, Silverton, Pretoria, 0184.
103 3.
104 3.1 On 2 July 2023, at approximately 06:00, the Plaintiff was struck from behind by a taxi bearing
105 registration number BN2464GP, driven by the Defendant. As a result, the Plaintiff sustained
106 severe bodily injuries.
107 3.2 The accident occurred on a public road in Lynnwood, Pretoria.
108 4. MATERIAL FACTS
109 The following facts are material to the claim:
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110 4.1 The Plaintiff, Mr. Barnes, sustained serious injuries due to the Defendant’s actions.
111 4.2 At the time of the accident, the Defendant, Mr. Speedy, was operating the taxi with
112 registration number BN2464GP.
113 4.3 The accident was caused by the Defendant’s negligence in that he:
114 4.3.1 Drove at an excessive speed;
115 4.3.2 Failed to maintain a proper lookout;
116 4.3.3 Failed to take reasonable steps to avoid the collision;
117 4.3.4 Failed to consider the presence and safety of other road users;
118 4.3.5 Failed to stop after the accident occurred.
119 5. DAMAGES
120 As a direct result of the Defendant’s negligence, the Plaintiff sustained the following injuries,
121 leading to damages quantified at R950,000.00:
122 5.1 Fractured right leg;
123 5.2 Fractured pelvis;
124 5.3 A laceration above the right eye, resulting in facial scarring;
125 5.4 Bruising and abrasions on the right side of his body.
126 6. PARTICULARS OF LOSS
Loss Category Amount (R)
Past medical expenses 300,000.00
Future medical expenses 200,000.00
Future loss of income/earnings 150,000.00
General damages (pain and suffering) 150,000.00
Emotional trauma 150,000.00
TOTAL 950,000.00
127 7.
128 In the circumstances, the Defendant is liable to compensate the Plaintiff in the amount of
129 R950,000.00.
130
131 (e) Defective Pleading and Remedial Steps
132 In this matter, the particulars of claim were not signed by the Plaintiff’s legal representative. This
133 omission renders the pleading defective and allows the Defendant’s counsel to raise an objection.
134 Rule 18 of the Uniform Rules of Court provides that all pleadings, except a summons, must be
135 signed by both an attorney and an advocate, or, in terms of section 4(2) of the Right of
136 Appearance in Courts Act 62 of 1995, by an attorney with the right of appearance in the High
137 Court. Failure to comply may render the pleading irregular.
4
