TLI4801
ASSIGNMENT 1
Academically sound.
Ethically crafted.
Distinction driven.”
The material provided is custom-written and
intended solely for study support and
academic guidance. It must not be
submitted as-is to any institution. All
documents are plagiarism-checked to
ensure originality. By purchasing, you agree
to use this material responsibly and in
accordance with your university’s code of
conduct.
, TLI4801
ASSIGNMENT 1 SEMESTER 1 2026
DUE DATE: 2026
1(a)
It is appropriate for Mr Winner XT to institute the claim by way of the action procedure
rather than the application procedure.1 In South African High Court practice, a claim for
arrear rental constitutes a contractual debt claim sounding in money. Such claims are
typically characterised by the likelihood of disputes of fact, for example, regarding the
existence and terms of the lease agreement, the calculation of the arrears, any alleged
breaches by the landlord, or defences such as set-off, waiver, or remission of debt.2
The action procedure, commenced by summons, is specifically designed to resolve such
disputes through the exchange of pleadings, discovery of documents, and the leading of
oral evidence with cross-examination at trial.3
The application procedure (by notice of motion supported by affidavits) is reserved for
matters that can be decided on the papers without material disputes of fact, or for specific
forms of relief such as interdicts, reviews, or declaratory orders.4 If Mr XT had proceeded by
way of application, any dispute of fact that arose would necessitate referral to oral evidence
under Rule 6(5)(g), which defeats the purpose of the expedited application route and may
result in the matter being converted into a trial in any event.5 Given that the matter has
already been defended and the parties are preparing for trial, the action procedure was the
correct and appropriate choice from the outset.
1
Uniform Rules of Court, Rule 17; Harms Civil Procedure in the Superior Courts (Chapter 10).
2
LTC Harms Civil Procedure in the Superior Courts B1-5.
3
Standard Bank of South Africa Ltd v Neugarten 1987 (4) SA 862 (W).
4
Uniform Rule 6; Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd 1949 (3) SA 1155 (T).
5
Uniform Rule 6(5)(g).
ASSIGNMENT 1
Academically sound.
Ethically crafted.
Distinction driven.”
The material provided is custom-written and
intended solely for study support and
academic guidance. It must not be
submitted as-is to any institution. All
documents are plagiarism-checked to
ensure originality. By purchasing, you agree
to use this material responsibly and in
accordance with your university’s code of
conduct.
, TLI4801
ASSIGNMENT 1 SEMESTER 1 2026
DUE DATE: 2026
1(a)
It is appropriate for Mr Winner XT to institute the claim by way of the action procedure
rather than the application procedure.1 In South African High Court practice, a claim for
arrear rental constitutes a contractual debt claim sounding in money. Such claims are
typically characterised by the likelihood of disputes of fact, for example, regarding the
existence and terms of the lease agreement, the calculation of the arrears, any alleged
breaches by the landlord, or defences such as set-off, waiver, or remission of debt.2
The action procedure, commenced by summons, is specifically designed to resolve such
disputes through the exchange of pleadings, discovery of documents, and the leading of
oral evidence with cross-examination at trial.3
The application procedure (by notice of motion supported by affidavits) is reserved for
matters that can be decided on the papers without material disputes of fact, or for specific
forms of relief such as interdicts, reviews, or declaratory orders.4 If Mr XT had proceeded by
way of application, any dispute of fact that arose would necessitate referral to oral evidence
under Rule 6(5)(g), which defeats the purpose of the expedited application route and may
result in the matter being converted into a trial in any event.5 Given that the matter has
already been defended and the parties are preparing for trial, the action procedure was the
correct and appropriate choice from the outset.
1
Uniform Rules of Court, Rule 17; Harms Civil Procedure in the Superior Courts (Chapter 10).
2
LTC Harms Civil Procedure in the Superior Courts B1-5.
3
Standard Bank of South Africa Ltd v Neugarten 1987 (4) SA 862 (W).
4
Uniform Rule 6; Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd 1949 (3) SA 1155 (T).
5
Uniform Rule 6(5)(g).
