Civil Litigation Assignment Answers - School for Legal Practice - UP Law School - 2021

QUESTION 1

1.1



IN THE HIGH COURT OF SOUTH AFRICA

KWAZULU-NATAL DIVISION



In the matter between

JAMES SMITH Plaintiff

ABE CROOKS First Defendant

ALEX BROWN Second Defendant




PARTICULARS OF CLAIM


1.

The plaintiff is James Smith, an adult/major male who is a director of and trading under ABC (Pty)
Ltd, located at 2 Orange Street, Durban.



2.

The Defendants are Abe Crooks and Alex Brown, both adult/major males who are trading under the
partnership called “Abe and Alex”, debt collectors who work out of the business premises on Black
Street, Durban.

3.

The above honourable court has jurisdiction to hear the matter.

4.

Plaintiff is a director of ABC (Pty) Ltd who entered into a contract with the Defendants which obliged
the Defendants to report to the Plaintiff on a monthly basis, a statement reflecting amounts
collected and pay over those amounts less the 10% collection commission agreed upon.

5.

The Defendants accepted the contract on 11 July 2021.

6.

The Defendants have failed to report the amounts collected and pay over the amounts agreed to in
the contract. Therefore, are in breach of the contract.