TLI4801
MAY JUNE PORTFOLIO 2025
Unique #:
Due Date: 27 May 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
1.1.
(a) Type of Summons
In this scenario, Shiny Plastics (Pty) Ltd would issue a Simple summons against
Blue Brands (Pty) Ltd.
In this case, Shiny Plastics (Pty) Ltd wants to recover R300 000 for plastic bottles
delivered to Blue Brands (Pty) Ltd, which is an ascertainable debt based on an
invoice. This kind of claim is for a liquidated demand, meaning the amount is fixed,
certain, and easily proven without needing oral evidence.
A simple summons is used where the claim is for a debt or liquidated demand, such
as the purchase price of goods sold and delivered and not paid for within the agreed
period1. Since the debt arises from a written invoice and the price is certain (R300
000), this qualifies as a liquidated demand.
Therefore, Shiny Plastics must issue a simple summons against Blue Brands to
recover the outstanding payment.
(b)
Yes, summary judgment can be used in this case. Rule 32(1) of the Uniform Rules of
Court allows a plaintiff to apply for summary judgment after the defendant files a
notice of intention to defend, but before a plea is filed, in specific situations.
According to Rule 32(1), summary judgment is available in the following instances:
Where the claim is based on a liquid document
Where the claim is for a liquidated amount of money
Where the claim involves delivery of specified movable property
Or where it is for ejectment2
1
Marnewick CG Litigation Skills for South African Lawyers 4th edition (2019) chapters 5- 6
2
Rule 32(1) of the Uniform Rules of Court
Varsity Cube 2025 +27 81 278 3372
MAY JUNE PORTFOLIO 2025
Unique #:
Due Date: 27 May 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
1.1.
(a) Type of Summons
In this scenario, Shiny Plastics (Pty) Ltd would issue a Simple summons against
Blue Brands (Pty) Ltd.
In this case, Shiny Plastics (Pty) Ltd wants to recover R300 000 for plastic bottles
delivered to Blue Brands (Pty) Ltd, which is an ascertainable debt based on an
invoice. This kind of claim is for a liquidated demand, meaning the amount is fixed,
certain, and easily proven without needing oral evidence.
A simple summons is used where the claim is for a debt or liquidated demand, such
as the purchase price of goods sold and delivered and not paid for within the agreed
period1. Since the debt arises from a written invoice and the price is certain (R300
000), this qualifies as a liquidated demand.
Therefore, Shiny Plastics must issue a simple summons against Blue Brands to
recover the outstanding payment.
(b)
Yes, summary judgment can be used in this case. Rule 32(1) of the Uniform Rules of
Court allows a plaintiff to apply for summary judgment after the defendant files a
notice of intention to defend, but before a plea is filed, in specific situations.
According to Rule 32(1), summary judgment is available in the following instances:
Where the claim is based on a liquid document
Where the claim is for a liquidated amount of money
Where the claim involves delivery of specified movable property
Or where it is for ejectment2
1
Marnewick CG Litigation Skills for South African Lawyers 4th edition (2019) chapters 5- 6
2
Rule 32(1) of the Uniform Rules of Court
Varsity Cube 2025 +27 81 278 3372
