STUDENT NAME: STANTIN BIRCH
STUDENT NUMBER: 59311029
ASSIGNMENT01: TLI4801
MODULE NAME: TECHNIQUES IN TRIAL AND LITIGATION
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https://www.coursehero.com/file/209869855/TLI4801Assignment01pdf/
, QUESTIONS
1.
a) An Unliquidated claim is made by way of particulars of claim, which is attached to
a combined summons and is a separate document. The combined summons has
to comply with the requirements of rule 17(2) as well as be in the form prescribed
in Form 10 of the First Schedule. A declaration and particulars of claim are
practically the same in their content and style.1
Considering the facts, the combined summons will be used to institute Mrs.
Steven divorce action. The Combined summons is used where the plaintiff’s
claim is unliquidated, where it is not a claim for a debt or liquidated demand. The
particular summons provides a statement of the material facts relied upon by the
plaintiff in support of the plaintiff's claim, and which statement shall, amongst
others, comply with rule 6. It is used in matters that require leading oral evidence
to resolve issues.
b) The pleading that will be annexed to the summons in this case will a particulars
of claim. This document provides a detailed account of the facts and
circumstances surrounding the divorce. It includes information about the
marriage, such as the duration, the names of the parties, and their place of
residence. As mentioned in answer 1(a), where the claim is not for a debt or
liquidated demand the plaintiff must annex his or her summons particulars of the
material facts relied upon by him or her in support of the claim. With that said, it
is profound to note that the rule provides that the particulars of claim, unlike
declaration do not constitute a separate pleading and are thus linked to the
summons, therefore the designation combined summons.
The particulars of a claim may include; The particulars of the two parties; How
and when they were married; Any minor children involved; To whom care and
permanent residence of the minor children should be awarded; Reasons for the
breaking down of the marriage relationship; The prayer of the plaintiff e.g. decree
of divorce, care and permanent residence of minor children and right of
reasonable contact, maintenance and the cost of the suit.
1
Marnewick CG ‘Litigation Skills for South African Lawyers’ (Lexis Nexis 4th Edition) 2019.
This study source was downloaded by 100000804831080 from CourseHero.com on 09-05-2023 03:27:18 GMT -05:00
https://www.coursehero.com/file/209869855/TLI4801Assignment01pdf/
STUDENT NUMBER: 59311029
ASSIGNMENT01: TLI4801
MODULE NAME: TECHNIQUES IN TRIAL AND LITIGATION
This study source was downloaded by 100000804831080 from CourseHero.com on 09-05-2023 03:27:18 GMT -05:00
https://www.coursehero.com/file/209869855/TLI4801Assignment01pdf/
, QUESTIONS
1.
a) An Unliquidated claim is made by way of particulars of claim, which is attached to
a combined summons and is a separate document. The combined summons has
to comply with the requirements of rule 17(2) as well as be in the form prescribed
in Form 10 of the First Schedule. A declaration and particulars of claim are
practically the same in their content and style.1
Considering the facts, the combined summons will be used to institute Mrs.
Steven divorce action. The Combined summons is used where the plaintiff’s
claim is unliquidated, where it is not a claim for a debt or liquidated demand. The
particular summons provides a statement of the material facts relied upon by the
plaintiff in support of the plaintiff's claim, and which statement shall, amongst
others, comply with rule 6. It is used in matters that require leading oral evidence
to resolve issues.
b) The pleading that will be annexed to the summons in this case will a particulars
of claim. This document provides a detailed account of the facts and
circumstances surrounding the divorce. It includes information about the
marriage, such as the duration, the names of the parties, and their place of
residence. As mentioned in answer 1(a), where the claim is not for a debt or
liquidated demand the plaintiff must annex his or her summons particulars of the
material facts relied upon by him or her in support of the claim. With that said, it
is profound to note that the rule provides that the particulars of claim, unlike
declaration do not constitute a separate pleading and are thus linked to the
summons, therefore the designation combined summons.
The particulars of a claim may include; The particulars of the two parties; How
and when they were married; Any minor children involved; To whom care and
permanent residence of the minor children should be awarded; Reasons for the
breaking down of the marriage relationship; The prayer of the plaintiff e.g. decree
of divorce, care and permanent residence of minor children and right of
reasonable contact, maintenance and the cost of the suit.
1
Marnewick CG ‘Litigation Skills for South African Lawyers’ (Lexis Nexis 4th Edition) 2019.
This study source was downloaded by 100000804831080 from CourseHero.com on 09-05-2023 03:27:18 GMT -05:00
https://www.coursehero.com/file/209869855/TLI4801Assignment01pdf/
