Exam (Portfolio) Techniques in Trial and Litigation (TLI4801)

NAMES: KEAMOGETSE SEFANYESTO

STUDENT NUMBER: 11286652

MODULE CODE: TLI4801

DUE DATE: 28 OCTOBER 2025

,QUESTION 1

1.1 (a) Yes it is advisable for Mrs Slipper to commence with a letter of demand to
commence with the legal action against the hotel. Mrsd Slipper can write a letter of
demand by herself or through her legal representative to the prospective defendnat, Slip
and Shiny Hotel (Pty) Ltd before she can issue it with summons.1 This action of starting
with a letter of demand before issuing summons is advisable because there there are
benefits to it and these are the following;

• The hotel may pay Mrs Slipper what she is claiming or enter into negotiations.
Mrs Slipper and the hotel through negotiations may come to an agreement which
will save both parties time, effort and legal costs.2
• If Mrs Slipper sends the hotel a letter of demand and the hotel does not respond t
this demand, any denial of liabilty it will make letter will be regarded with
suspecion. 3 If the hotel will respond to the letter of demand, Mrs Slipper will be
able to weigh her options with the advanced knowledge she has about the
defence of the claim.4
• The letter of demand may place the hotel in mora.5



(b) A combined sentence summons is utilized in cases whereby the claim in
unliquidated and there is presentation of evidence. The claim in this caseis unclear and
has to ascertained in court through presentation of evidence.6 On the other hands, a
provisional sentence summons is used in cases whereby te claim is liquid and shows an
establsihed monetary debt and such a document must be written, hav e been signed by
the defendant nd uncodnotional.7 In this case, there is no written document that was
signed by the hotel that is uncodnionala nd demostrates an acknowledgemnt of debt
towards Mrs Slipper.

In this case the plaintif, Mrs Slipper’s claim is unliquidated as she is instituting a claim
for personal injuties and she will need to prove this in court using evidence. Her injuries
were as a result of the alledged negligence of the hotel which failed to remove the
odorless hazardous liquid. Therefore Mrs Slipper will use a combined sentnece
summons as the action invoves an unliquidated cclaim for general damages and
personal injuries and the quantum has to be proved in court.

1
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 71.
2
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 71
3
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 72.
4
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 72.
5
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 72.
6
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 72
7
Marnewick CG, Litigation Skills for South African Lawyers (3 edn, LexisNexis 2012) 125

, (c) Since this is an unliquiadted claim, the particulars of claim will be annexxed to
the combined summons to suport Mrs. Slippers claim or action.8 The particulars of claim
sets out the following mmaterial facts;

- Mrs Slippers’ interest
- The defendant’s (hotel) act ( leaving an odorless hazadous liquid on the floor
- Which was done negligently by the defendant
- And caused damage to the person of Mrs Slippers
- And this cased a diminution in Mrs Slippers’ patrimony.9

Mrs’ Slippers partciclars of claim must be clear, concise, complete, accurate, constisntet
in its terminology and must comply with the rules.10

(d) IN THE HIGH COURT OF SOUTH AFRICA

KWAZULU-NATAL LOCAL DIVISION, DURBAN



Case No: 143 [2025]

Between

N Slipper PLAINTIFF

And

Slip and Shiny Hotel (Pty) Ltd DEFENDANT



PARTICULARS OF CLAIM

1. The Plaintiff is, an adult elderly female person, N Slipper who is 60 years of age,
an unemployed married female currently residing at 176 Heystek St, Ladysmith,
Kwazulu-Natal.
2. The Defendant is Slip and Shiny Hotel (Pty) Ltd,(“the hotel”) a juristic person
entitled to sue and be sued in its name by virtue of the provisions of the
Companies Act 71 of 2008 (the Act) with its principle place of business situated
at 63 Snell Parade, Durban, Kwazulu-Natal, South Africa.
3. On or about the 23 August 2025 , Mrs Slipper, her husband and her two
grandchildren were guests at the hotel eating breakfast at the hotel’s lobby when
Mrs Smith’s feet slipped from under her whilst heading towards the exit door


8
Marnewick, Litigation Skills for South African Lawyers 99
9
Marnewick, Litigation Skills for South African Lawyers 103
10
Marnewick, Litigation Skills for South African Lawyers 107