TLI4801 ASSIGNMENT 1 SEMESTER 2 FOR 2022- TECHNIQUES IN TRIAL AND LITIGATION

TLI4801 ASSIGNMENT 1 SEMESTER 2 FOR 2022-
TECHNIQUES IN TRIAL AND LITIGATION.
DISTINCTION GUARANTEED. 90% AND ABOVE.
QUALITY WORK WITH FOOTNOTES AND
BIBLIOGRAPHY. COMPILED AND DONE BY AN
EXPERIENCE TUTOR WITH 15 YEARS OF
EXPERIENCE.



QUESTION 1

(a) Discuss whether it is appropriate for Mr. A to use an action or application
procedure. (4)

It is appropriate for Mr A to use an application procedure because of the following
explanation. In application procedure, the evidence is presented to the court. In this
scenario, Mr. A believes that his client’s case preparation is prejudiced by this failure
and he approaches the court in terms of Rule 35(7) for an order to force Liz Taylor to
disclose the documents. Rule 35(7) of the Supreme Court Act 59 of 1959 provides that
the party giving the notice to discover, may apply to the court for an order for
compliance by the other party and, failing such compliance, dismissing their claim or
striking out their defence.1 In application procedure, which is initiated by the issue of
notice of motion, the evidence is presented to the court in the form of affidavits. This
clearly shows that the application procedure is appropriate for Mr A to use because Mr
A wants Liz Taylor to disclose the documents and these documents are part of the
evidence, application procedure is appropriate for Mr A to use in this scenario.
1
Supreme Court Act 59 of 1959.