,TLI4801 May/June Exam (COMPLETE ANSWERS)
Semester 1 2025 - DUE 27 MAY 2025; 100% trusted,
comprehensive and complete reliable solution with
clear explanation
QUESTION 1: CIVIL PRACTICE [50]
(a) Type of Summons to be Used (4 marks)
Shiny Plastics will make use of a simple summons (Form 2 of
the First Schedule of the Uniform Rules of Court) in terms of
Rule 17(2)(a) of the Uniform Rules of Court, because the
claim is for a debt or liquidated demand, namely R300,000.00
for plastic bottles already delivered. A simple summons is
appropriate where the amount owed is certain and easily
quantifiable, and where no complex legal argument is necessary.
(b) Use of Summary Judgment (4 marks)
Yes, summary judgment can be used in this instance. In terms
of Rule 32 of the Uniform Rules of Court, after the defendant
(Blue Brands) delivers a notice of intention to defend, Shiny
Plastics (as the plaintiff) may apply for summary judgment if the
claim is for a debt or liquidated demand. Shiny Plastics must
allege under oath that the defendant has no bona fide defence
and that the notice to defend has been entered solely for
purposes of delay. The invoice, email, and delivery records
would support this claim.
, (c) Pleading in Response to Notice to Defend (4 marks)
If summary judgment is not pursued, the plaintiff must draft and
serve a declaration. A declaration is a pleading that sets out the
material facts upon which the plaintiff relies for the relief
sought in the summons. It expands on the simple summons and
provides the legal and factual basis for the claim, in compliance
with Rule 20(2) of the Uniform Rules of Court.
(d) Draft Declaration (Pleading) (8 marks)
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case No: 12345/2025
In the matter between:
SHINY PLASTICS (PTY) LTD (Registration Number:
2015/123456/07), a private company with limited liability,
having its principal place of business at 45 Industrial Road,
Pretoria West, Gauteng
PLAINTIFF
and
BLUE BRANDS (PTY) LTD (Registration Number:
2016/987654/07), a private company with limited liability,
having its principal place of business at 12 Factory Lane,
Johannesburg South, Gauteng
DEFENDANT
Semester 1 2025 - DUE 27 MAY 2025; 100% trusted,
comprehensive and complete reliable solution with
clear explanation
QUESTION 1: CIVIL PRACTICE [50]
(a) Type of Summons to be Used (4 marks)
Shiny Plastics will make use of a simple summons (Form 2 of
the First Schedule of the Uniform Rules of Court) in terms of
Rule 17(2)(a) of the Uniform Rules of Court, because the
claim is for a debt or liquidated demand, namely R300,000.00
for plastic bottles already delivered. A simple summons is
appropriate where the amount owed is certain and easily
quantifiable, and where no complex legal argument is necessary.
(b) Use of Summary Judgment (4 marks)
Yes, summary judgment can be used in this instance. In terms
of Rule 32 of the Uniform Rules of Court, after the defendant
(Blue Brands) delivers a notice of intention to defend, Shiny
Plastics (as the plaintiff) may apply for summary judgment if the
claim is for a debt or liquidated demand. Shiny Plastics must
allege under oath that the defendant has no bona fide defence
and that the notice to defend has been entered solely for
purposes of delay. The invoice, email, and delivery records
would support this claim.
, (c) Pleading in Response to Notice to Defend (4 marks)
If summary judgment is not pursued, the plaintiff must draft and
serve a declaration. A declaration is a pleading that sets out the
material facts upon which the plaintiff relies for the relief
sought in the summons. It expands on the simple summons and
provides the legal and factual basis for the claim, in compliance
with Rule 20(2) of the Uniform Rules of Court.
(d) Draft Declaration (Pleading) (8 marks)
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case No: 12345/2025
In the matter between:
SHINY PLASTICS (PTY) LTD (Registration Number:
2015/123456/07), a private company with limited liability,
having its principal place of business at 45 Industrial Road,
Pretoria West, Gauteng
PLAINTIFF
and
BLUE BRANDS (PTY) LTD (Registration Number:
2016/987654/07), a private company with limited liability,
having its principal place of business at 12 Factory Lane,
Johannesburg South, Gauteng
DEFENDANT
