1. Mr. Joe White, who is a male high school teacher, is married to Cecile White, a
nurse, for nine years. The couple reside in Robindale, Johannesburg. They have
two minor children, Kevin and Nancy. The Whites’ decide to divorce after nine
years, citing irreconcilable differences. Mrs. White approaches you for assistance
regarding the divorce proceedings.
Answer the following questions. Note: In your answers, you may make up facts to
supplement the given facts provided that your own rendition does not detract
from the core issues.
(a) Discuss the type of summons that will be used to institute Mrs White’s
divorce action. (4)
The choice of a combined summons is appropriate for Mrs. White's divorce action
because her claim is unliquidated. An unliquidated claim requires the determination of
the quantum, such as in divorce cases where the status of the parties and various
factors need to be considered. A simple summons, used for debt or liquidated demands,
is not suitable for this type of claim.
In divorce cases, there are often significant factual disputes that necessitate the
presentation of oral evidence to resolve the issues effectively. Therefore, the combined
summons allows for a comprehensive approach in addressing the complexities of the
divorce, including issues related to custody, maintenance, and the division of assets.
Considering that the divorce will impact the status of the parties involved, the combined
summons provides the appropriate legal mechanism to initiate Mrs. White's divorce
action and comprehensively address the issues arising from the dissolution of the
marriage.
(b) Name and discuss the pleading that will be annexed to the summons. (4)
A combined summons consists of two integral parts: the summons and the particulars of
claim, which are combined into a single document. In the case of an unliquidated claim,
, the particulars of claim form a separate document attached to the summons. These
particulars of claim are crucial as they outline the material facts of the case with
sufficient detail, providing evidence to substantiate the claim, such as in a divorce
action.
The particulars of claim are presented in a structured manner, with consecutive
numbered paragraphs that contain separate averments wherever possible. This
ensures a clear and organized presentation of the relevant information in the case,
supporting the grounds for the divorce and other claims made by the plaintiff.
(c) Draft the prayer only. (4)
WHEREFORE Plaintiff seeks the following remedies:
1. A decree of divorce.
2. An order granting both parties co-holdership of parental rights concerning the
minor children.
3. The payment of R38,500 per child as maintenance per month.
4. The award of costs for the lawsuit.
5. Any additional or alternative relief deemed appropriate.
2. Discuss briefly how a legal practitioner may conduct an interview with a client
in a litigation matter. (5)
When conducting an interview with a client in a litigation matter, a legal practitioner
should follow a structured approach:
1. Initial Meeting: Establish rapport and understand the client's needs and concerns.
2. Chronological Order of Facts: Guide the client to provide a timeline of relevant
events and details related to the case.
3. Preliminary Theory: Begin to form a preliminary understanding of the case and
potential legal strategies.
4. Preliminary Advice: Offer initial legal advice, explaining relevant laws,
procedures, and potential options.
nurse, for nine years. The couple reside in Robindale, Johannesburg. They have
two minor children, Kevin and Nancy. The Whites’ decide to divorce after nine
years, citing irreconcilable differences. Mrs. White approaches you for assistance
regarding the divorce proceedings.
Answer the following questions. Note: In your answers, you may make up facts to
supplement the given facts provided that your own rendition does not detract
from the core issues.
(a) Discuss the type of summons that will be used to institute Mrs White’s
divorce action. (4)
The choice of a combined summons is appropriate for Mrs. White's divorce action
because her claim is unliquidated. An unliquidated claim requires the determination of
the quantum, such as in divorce cases where the status of the parties and various
factors need to be considered. A simple summons, used for debt or liquidated demands,
is not suitable for this type of claim.
In divorce cases, there are often significant factual disputes that necessitate the
presentation of oral evidence to resolve the issues effectively. Therefore, the combined
summons allows for a comprehensive approach in addressing the complexities of the
divorce, including issues related to custody, maintenance, and the division of assets.
Considering that the divorce will impact the status of the parties involved, the combined
summons provides the appropriate legal mechanism to initiate Mrs. White's divorce
action and comprehensively address the issues arising from the dissolution of the
marriage.
(b) Name and discuss the pleading that will be annexed to the summons. (4)
A combined summons consists of two integral parts: the summons and the particulars of
claim, which are combined into a single document. In the case of an unliquidated claim,
, the particulars of claim form a separate document attached to the summons. These
particulars of claim are crucial as they outline the material facts of the case with
sufficient detail, providing evidence to substantiate the claim, such as in a divorce
action.
The particulars of claim are presented in a structured manner, with consecutive
numbered paragraphs that contain separate averments wherever possible. This
ensures a clear and organized presentation of the relevant information in the case,
supporting the grounds for the divorce and other claims made by the plaintiff.
(c) Draft the prayer only. (4)
WHEREFORE Plaintiff seeks the following remedies:
1. A decree of divorce.
2. An order granting both parties co-holdership of parental rights concerning the
minor children.
3. The payment of R38,500 per child as maintenance per month.
4. The award of costs for the lawsuit.
5. Any additional or alternative relief deemed appropriate.
2. Discuss briefly how a legal practitioner may conduct an interview with a client
in a litigation matter. (5)
When conducting an interview with a client in a litigation matter, a legal practitioner
should follow a structured approach:
1. Initial Meeting: Establish rapport and understand the client's needs and concerns.
2. Chronological Order of Facts: Guide the client to provide a timeline of relevant
events and details related to the case.
3. Preliminary Theory: Begin to form a preliminary understanding of the case and
potential legal strategies.
4. Preliminary Advice: Offer initial legal advice, explaining relevant laws,
procedures, and potential options.
