TECHNIQUES IN TRIAL AND LITIGATION (TLI4801)
SOLUTIONS FOR ASSIGNMENT 1 SEMESTER 2 2022
, QUESTION 1
Mrs. Jones instructs her attorney, Mr. A to sue her former tenant, Ms. Liz Taylor
for arrear rentals in respect of an apartment. The matter is defended. The parties
prepare for the trial and Ms. Taylor fails to disclose some documents. 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.
Answer the following questions. You may supplement the given facts, provided
that your own rendition does not detract from the core issues.
(a) Discuss whether it is appropriate for Mr. A to use an action or application
procedure. (4)
(b) Depending on your answer in (a) above, name and discuss the pleading or
process that will be used by Mr. A. (6)
[10]
ANSWER:
a. There is a distinction between action and application proceedings. Action
proceedings entail the use of pleadings and oral evidence is depended on. An
application on the other hand, entails an institution by way of notice of motion
and evidence is led by way of affidavits. In the set of facts, an application
procedure will be appropriate. A party that is giving notice to discover can rely
on section 35(7). An application is made to a court of law to compel the
defaulting party to comply with the discovery processes. This application is
also known as a procedural application. Should the compelled party fail to
comply after receiving the order compelling them to discover, the claim might
be dismissed for their defence might be struck out.
b. The procedural application that is discussed in the question above is known
as a process which is defined as a step that the followed from a court of law.
An example of a process is a notice. It is distinguished from a pleading. A
pleading is defined as a documents containing allegations, material facts,
admissions and,/denials by the parties to a claim. Rule 35(7) is instituted by
way of a notice which is used to compel a party to a civil matter to discover.
SOLUTIONS FOR ASSIGNMENT 1 SEMESTER 2 2022
, QUESTION 1
Mrs. Jones instructs her attorney, Mr. A to sue her former tenant, Ms. Liz Taylor
for arrear rentals in respect of an apartment. The matter is defended. The parties
prepare for the trial and Ms. Taylor fails to disclose some documents. 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.
Answer the following questions. You may supplement the given facts, provided
that your own rendition does not detract from the core issues.
(a) Discuss whether it is appropriate for Mr. A to use an action or application
procedure. (4)
(b) Depending on your answer in (a) above, name and discuss the pleading or
process that will be used by Mr. A. (6)
[10]
ANSWER:
a. There is a distinction between action and application proceedings. Action
proceedings entail the use of pleadings and oral evidence is depended on. An
application on the other hand, entails an institution by way of notice of motion
and evidence is led by way of affidavits. In the set of facts, an application
procedure will be appropriate. A party that is giving notice to discover can rely
on section 35(7). An application is made to a court of law to compel the
defaulting party to comply with the discovery processes. This application is
also known as a procedural application. Should the compelled party fail to
comply after receiving the order compelling them to discover, the claim might
be dismissed for their defence might be struck out.
b. The procedural application that is discussed in the question above is known
as a process which is defined as a step that the followed from a court of law.
An example of a process is a notice. It is distinguished from a pleading. A
pleading is defined as a documents containing allegations, material facts,
admissions and,/denials by the parties to a claim. Rule 35(7) is instituted by
way of a notice which is used to compel a party to a civil matter to discover.
