TECHNIQUES IN TRIAL AND LITIGATION
TLI4801
SEMESTER 1 (ANSWERS)
DUE 27 MAY 2025
Question 1
1.1
(a) Type of Summons (4)
Shiny Plastics will issue a simple summons in this matter. According to Marnewick
(2024: 138), a simple summons is used where the claim is for a debt or liquidated
demand. In this case, the amount owed (R300,000.00) is a fixed, agreed-upon sum
and qualifies as a liquidated demand. The claim arises from a commercial
transaction that is not in dispute as to quantum.
(b) Summary Judgment (4)
Yes, Shiny Plastics can apply for summary judgment if Blue Brands delivers a
notice of intention to defend. Summary judgment is suitable when the plaintiff
believes the defendant has no bona fide defence and is merely delaying the matter
(Marnewick 2024. pg 171). Here, the debt is clear, the invoice was delivered, and
despite follow-ups and a formal letter of demand, no payment was made. This
suggests there is no real defence.