(1a) Discuss the type of summons that will be used to institute Mrs Steven`s
divorce action. (4)
The combined summons will be used to institute Mrs Steven divorce action. According
to Marnewick C.G (2012),1 Combined summons are primarily used where the plaintiff ‟s
claim is unliquidated, that is where it is not a claim for a debt or liquidated demand. A
combined summons is a summons to which is annexed a statement of the material facts
relied upon by the plaintiff in support of plaintiff's claim, and which statement shall,
amongst others, comply with rule 6. Rule 6 relates to pleadings generally. Matter for
which a combined summons is used involves serious factual disputes that require the
leading oral evidence to resolve the issue.
(1.b) Name and discuss the pleading that will be annexed to the summons (4)
The type of pleading that will be annexed to the summons is particulars of claim. In
every case where the claim is not for a debt or liquidated demand the plaintiff must
annex his or her summons particulars of the material facts relied upon by him or her in
support of the claim, (particulars of claim). Furthermore, the rule provides that the
particulars of claim, unlike declaration do not constitute a separate pleading and are
inseparably linked to the summons, hence the designation combined summons.
(1.c) Draft the prayer only. (4)
The plaintiff prays for (1) special damages in the sum of $30,000, (2)
Compensation of maintenance order as prescribed by law (3) reasonable attorney's
fees; (4) costs of suit; and (5) such other and further relief as the court shall
deem proper.
1
Marnewick C.G (2012), Litigation Skills for South African Lawyers: 3rd Edition, LexisNexis, Durban,
South Africa.
divorce action. (4)
The combined summons will be used to institute Mrs Steven divorce action. According
to Marnewick C.G (2012),1 Combined summons are primarily used where the plaintiff ‟s
claim is unliquidated, that is where it is not a claim for a debt or liquidated demand. A
combined summons is a summons to which is annexed a statement of the material facts
relied upon by the plaintiff in support of plaintiff's claim, and which statement shall,
amongst others, comply with rule 6. Rule 6 relates to pleadings generally. Matter for
which a combined summons is used involves serious factual disputes that require the
leading oral evidence to resolve the issue.
(1.b) Name and discuss the pleading that will be annexed to the summons (4)
The type of pleading that will be annexed to the summons is particulars of claim. In
every case where the claim is not for a debt or liquidated demand the plaintiff must
annex his or her summons particulars of the material facts relied upon by him or her in
support of the claim, (particulars of claim). Furthermore, the rule provides that the
particulars of claim, unlike declaration do not constitute a separate pleading and are
inseparably linked to the summons, hence the designation combined summons.
(1.c) Draft the prayer only. (4)
The plaintiff prays for (1) special damages in the sum of $30,000, (2)
Compensation of maintenance order as prescribed by law (3) reasonable attorney's
fees; (4) costs of suit; and (5) such other and further relief as the court shall
deem proper.
1
Marnewick C.G (2012), Litigation Skills for South African Lawyers: 3rd Edition, LexisNexis, Durban,
South Africa.
