TLI4801
Assignment 1 Semester 1 2026
Unique number: 265331
Due Date: 16 March 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 81 278 3372
,© Study Shack 2026. All rights Reserved +27 81 278 3372
, QUESTION 1
a.
An action procedure is initiated by way of summons and is appropriate where there
is a genuine dispute of fact that must be resolved through oral evidence at a trial.
Evidence in an action is presented through witnesses who testify and are cross
examined. In contrast, an application procedure is initiated by a notice of motion and
is generally suitable where the facts are common cause or where disputes can be
resolved on the papers, with evidence presented by way of affidavits.1
Rule 35(7) of the Uniform Rules of Court provides a procedural mechanism to
compel a party to comply with discovery obligations.2 An application brought in terms
of Rule 35(7) is an interlocutory application, which seeks interim procedural relief
during the course of an existing action.3 Evidence in such proceedings is placed
before the court by means of affidavits and not oral testimony.
1
CG Marnewick Litigation Skills for South African Lawyers 4 ed (LexisNexis 2019) 104.
2
Uniform Rules of Court r 35(7).6.
3
Marnewick (n 1) 312.
© Study Shack 2026. All rights Reserved +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number: 265331
Due Date: 16 March 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 81 278 3372
,© Study Shack 2026. All rights Reserved +27 81 278 3372
, QUESTION 1
a.
An action procedure is initiated by way of summons and is appropriate where there
is a genuine dispute of fact that must be resolved through oral evidence at a trial.
Evidence in an action is presented through witnesses who testify and are cross
examined. In contrast, an application procedure is initiated by a notice of motion and
is generally suitable where the facts are common cause or where disputes can be
resolved on the papers, with evidence presented by way of affidavits.1
Rule 35(7) of the Uniform Rules of Court provides a procedural mechanism to
compel a party to comply with discovery obligations.2 An application brought in terms
of Rule 35(7) is an interlocutory application, which seeks interim procedural relief
during the course of an existing action.3 Evidence in such proceedings is placed
before the court by means of affidavits and not oral testimony.
1
CG Marnewick Litigation Skills for South African Lawyers 4 ed (LexisNexis 2019) 104.
2
Uniform Rules of Court r 35(7).6.
3
Marnewick (n 1) 312.
© Study Shack 2026. All rights Reserved +27 81 278 3372
