Student number:
Module code: TLI4801
Assignment 1
Unique Code: 695144
Due date: 25th May, 2021
Semester 1, 2021
Question 1
, a) There are three types of summons used in practice:
A combined summons is used where the claim is liquidated and evidence
has to be presented.
A simple summons is used where the claim is clear and ascertainable or
liquidated.
A provisional sentence summons is used where the claim is liquid and it
reflects an established monetary debt such as a cheque, and it will not be
applicable here.
A combined summons will be instituted for Mr. Steven’s divorce action as it
involves an unliquidated claim. A combined summons is used where the claim
is unliquidated, such as an action for damages or personal injuries, which
needs to be proved by evidence. A divorce summons is a type of combined
summons as it’s an unliquidated claim and the quantum has to be proved or
determined.1
b) The pleading that will be annexed to the summons is the particulars of claim
right. An unliquidated claim is made by way of a particulars claim, which is a
separate document that is attached to a combined summons. The combined
summons has to comply with the requirements of rule 17(2). 2 The particular of
claim is a document which a plaintiff sets out the details of his/her claim against
the defendant. Pleadings must be concise yet must contain sufficient particularity
in order to inform the opposing party of the case he/she has to meet and to
respond meaningfully, this falls under Rule 18(4). For example, the grounds for
the allegation that the marriage has broken down irretrievably must be listed in
the particulars of claims. Only the facts must be pleaded, not the evidence that
supports the facts. The particulars of a claim should be clear, concise, complete,
accurate, and consistent in terminology and in compliance with the rules in both
form and content.
1
Marne CG “Litigation skills for South African lawyers” 4th edition (2019 LexisNexis)
2
Marne CG “Litigation skills for South African lawyers” 4th edition (2019 LexisNexis)
Module code: TLI4801
Assignment 1
Unique Code: 695144
Due date: 25th May, 2021
Semester 1, 2021
Question 1
, a) There are three types of summons used in practice:
A combined summons is used where the claim is liquidated and evidence
has to be presented.
A simple summons is used where the claim is clear and ascertainable or
liquidated.
A provisional sentence summons is used where the claim is liquid and it
reflects an established monetary debt such as a cheque, and it will not be
applicable here.
A combined summons will be instituted for Mr. Steven’s divorce action as it
involves an unliquidated claim. A combined summons is used where the claim
is unliquidated, such as an action for damages or personal injuries, which
needs to be proved by evidence. A divorce summons is a type of combined
summons as it’s an unliquidated claim and the quantum has to be proved or
determined.1
b) The pleading that will be annexed to the summons is the particulars of claim
right. An unliquidated claim is made by way of a particulars claim, which is a
separate document that is attached to a combined summons. The combined
summons has to comply with the requirements of rule 17(2). 2 The particular of
claim is a document which a plaintiff sets out the details of his/her claim against
the defendant. Pleadings must be concise yet must contain sufficient particularity
in order to inform the opposing party of the case he/she has to meet and to
respond meaningfully, this falls under Rule 18(4). For example, the grounds for
the allegation that the marriage has broken down irretrievably must be listed in
the particulars of claims. Only the facts must be pleaded, not the evidence that
supports the facts. The particulars of a claim should be clear, concise, complete,
accurate, and consistent in terminology and in compliance with the rules in both
form and content.
1
Marne CG “Litigation skills for South African lawyers” 4th edition (2019 LexisNexis)
2
Marne CG “Litigation skills for South African lawyers” 4th edition (2019 LexisNexis)
