The Ultimate and Complete TLI4801 – Techniques in Trial
and Litigation (EML1501) Study Guide 2025, Covering Civil
and Criminal Litigation Procedures, Courtroom Advocacy
and Trial Techniques, Legal Drafting and Pleadings
Preparation, Rules of Evidence and Evidence
Presentation, Case Analysis and Litigation Strategy
Development, Witness Examination and Cross-
Examination Skills, Motion Proceedings and Court
Applications, Legal Ethics and Professional Conduct in
Litigation Practice, Alternative Dispute Resolution and
Settlement Negotiation Techniques, Trial Preparation and
Courtroom Communication Skills, Practice Questions with
Verified Answers and Detailed Explanations, Real Court
Case Studies, Step-by-Step Litigation Frameworks, and
Proven Strategies to Successfully Master TLI4801 and
Excel in Legal Practice and Trial Advocacy
Question 1: In the context of South African civil procedure, a plaintiff residing in Durban
institutes an action for breach of contract in the KwaZulu-Natal Local Division of the High
Court against a defendant who resides in Cape Town. The contract was negotiated and signed
in Durban, but the performance was to take place in Johannesburg. The defendant raises a
special plea of non-joinder, arguing that a co-debtor residing in Pretoria was not joined.
Which of the following statements accurately reflects the court's approach to this special
plea? A. The court must automatically dismiss the action because all co-debtors must be joined
in every circumstance without exception. B. The court has the discretion to condone the non-
joinder if the plaintiff provides a valid reason and the absent party's rights are not prejudiced.
C. The court must join the absent party mero motu regardless of the plaintiff's wishes or the
potential prejudice to the existing parties. D. The court must transfer the matter to the Pretoria
High Court because the absent party resides within its geographical jurisdiction.
CORRECT ANSWER: B. The court has the discretion to condone the non-joinder if the plaintiff
provides a valid reason and the absent party's rights are not prejudiced.
Rationale: Under the Uniform Rules of Court, a defendant may take exception to the non-
joinder of a co-debtor, but the court has the discretion to condone such non-joinder if it is in
the interests of justice and does not prejudice the absent party.
Question 2: A plaintiff institutes action in the High Court against a defendant who is a
peregrinus of the entire Republic of South Africa. The defendant has no assets within the
,The Ultimate and Complete TLI4801 – Techniques in Trial
and Litigation (EML1501) Study Guide 2025, Covering Civil
and Criminal Litigation Procedures, Courtroom Advocacy
and Trial Techniques, Legal Drafting and Pleadings
Preparation, Rules of Evidence and Evidence
Presentation, Case Analysis and Litigation Strategy
Development, Witness Examination and Cross-
Examination Skills, Motion Proceedings and Court
Applications, Legal Ethics and Professional Conduct in
Litigation Practice, Alternative Dispute Resolution and
Settlement Negotiation Techniques, Trial Preparation and
Courtroom Communication Skills, Practice Questions with
Verified Answers and Detailed Explanations, Real Court
Case Studies, Step-by-Step Litigation Frameworks, and
Proven Strategies to Successfully Master TLI4801 and
Excel in Legal Practice and Trial Advocacy
Republic, but the plaintiff has attached the defendant's intellectual property rights registered
within the jurisdiction. Which of the following best describes the jurisdictional basis invoked
by the plaintiff? A. Jurisdiction based on ratione rei gestae, as the cause of action arose within
the Republic. B. Jurisdiction based on ratione domicilii et contractus, as the contract was
concluded within the Republic. C. Jurisdiction based on arrested tanquam suspectus de fuga,
using the attachment to found or confirm jurisdiction. D. Jurisdiction based on ratione rei sitae,
as the intellectual property is situated within the court's area.
CORRECT ANSWER: C. Jurisdiction based on arrested tanquam suspectus de fuga, using the
attachment to found or confirm jurisdiction.
Rationale: When a defendant is a peregrinus of the entire Republic and lacks assets within the
country, the court assumes jurisdiction through the attachment of the defendant's property to
found or confirm jurisdiction, known as arrested tanquam suspectus de fuga.
Question 3: In the Magistrates' Court, a plaintiff claims R150,000 for damages arising from a
motor vehicle collision. The defendant files a plea and a counterclaim for R200,000 for the
same collision. The defendant then applies for the matter to be transferred to the High Court.
On what basis can the Magistrates' Court transfer this matter to the High Court? A. The
Magistrates' Court must transfer the matter because the combined claim exceeds the regional
court's jurisdiction of R400,000. B. The Magistrates' Court may transfer the matter if it believes
the matter is of such a nature that it should be heard in the High Court, provided the combined
,The Ultimate and Complete TLI4801 – Techniques in Trial
and Litigation (EML1501) Study Guide 2025, Covering Civil
and Criminal Litigation Procedures, Courtroom Advocacy
and Trial Techniques, Legal Drafting and Pleadings
Preparation, Rules of Evidence and Evidence
Presentation, Case Analysis and Litigation Strategy
Development, Witness Examination and Cross-
Examination Skills, Motion Proceedings and Court
Applications, Legal Ethics and Professional Conduct in
Litigation Practice, Alternative Dispute Resolution and
Settlement Negotiation Techniques, Trial Preparation and
Courtroom Communication Skills, Practice Questions with
Verified Answers and Detailed Explanations, Real Court
Case Studies, Step-by-Step Litigation Frameworks, and
Proven Strategies to Successfully Master TLI4801 and
Excel in Legal Practice and Trial Advocacy
claim exceeds its own jurisdiction. C. The Magistrates' Court must transfer the matter
automatically because the counterclaim exceeds the district court's jurisdiction of R200,000. D.
The Magistrates' Court cannot transfer the matter; the defendant must first withdraw the
counterclaim to remain within the jurisdictional limits.
CORRECT ANSWER: B. The Magistrates' Court may transfer the matter if it believes the matter
is of such a nature that it should be heard in the High Court, provided the combined claim
exceeds its own jurisdiction.
Rationale: Section 30 of the Magistrates' Courts Act allows a magistrate's court to transfer a
matter to the High Court if the claim exceeds its jurisdiction or if the matter is of such a nature
that it ought to be heard in the High Court, provided the combined claim exceeds the
magistrate's court limit.
Question 4: A plaintiff serves a summons on a defendant in terms of Rule 9 of the Uniform
Rules of Court. The defendant fails to deliver a notice of intention to defend within the
prescribed time period. The plaintiff subsequently applies for default judgment. Which of the
following is a mandatory requirement for the plaintiff to obtain default judgment in a liquid
document claim? A. The plaintiff must prove that the defendant was personally served with the
summons and had actual knowledge of the claim. B. The plaintiff must provide an affidavit
confirming that the claim is still due and owing and that the defendant is not in arrears. C. The
plaintiff must obtain a certificate from the registrar confirming that the defendant has no assets
, The Ultimate and Complete TLI4801 – Techniques in Trial
and Litigation (EML1501) Study Guide 2025, Covering Civil
and Criminal Litigation Procedures, Courtroom Advocacy
and Trial Techniques, Legal Drafting and Pleadings
Preparation, Rules of Evidence and Evidence
Presentation, Case Analysis and Litigation Strategy
Development, Witness Examination and Cross-
Examination Skills, Motion Proceedings and Court
Applications, Legal Ethics and Professional Conduct in
Litigation Practice, Alternative Dispute Resolution and
Settlement Negotiation Techniques, Trial Preparation and
Courtroom Communication Skills, Practice Questions with
Verified Answers and Detailed Explanations, Real Court
Case Studies, Step-by-Step Litigation Frameworks, and
Proven Strategies to Successfully Master TLI4801 and
Excel in Legal Practice and Trial Advocacy
within the jurisdiction. D. The plaintiff must serve a notice of bar on the defendant before
applying for default judgment.
CORRECT ANSWER: B. The plaintiff must provide an affidavit confirming that the claim is still
due and owing and that the defendant is not in arrears.
Rationale: In terms of Rule 31(1) and Rule 31(5)(a) of the Uniform Rules, when applying for
default judgment on a liquid document, the plaintiff must file an affidavit stating that the sum
claimed is still due and owing and that no part of it has been paid.
Question 5: In the High Court, a plaintiff delivers a particulars of claim alleging breach of a
written contract. The defendant delivers a plea denying the breach but fails to specifically
address the allegation that the contract was reduced to writing and signed by both parties.
What is the legal consequence of the defendant's failure to specifically address this
allegation? A. The allegation is deemed to be admitted by the defendant in terms of Rule 22 of
the Uniform Rules of Court. B. The allegation is deemed to be denied, and the plaintiff must still
prove the existence of the written contract at trial. C. The plea is deemed to be an exception
because it lacks sufficient clarity and fails to disclose a defense. D. The court will automatically
strike the plea from the roll for being vague and embarrassing.
CORRECT ANSWER: A. The allegation is deemed to be admitted by the defendant in terms of
Rule 22 of the Uniform Rules of Court.
and Litigation (EML1501) Study Guide 2025, Covering Civil
and Criminal Litigation Procedures, Courtroom Advocacy
and Trial Techniques, Legal Drafting and Pleadings
Preparation, Rules of Evidence and Evidence
Presentation, Case Analysis and Litigation Strategy
Development, Witness Examination and Cross-
Examination Skills, Motion Proceedings and Court
Applications, Legal Ethics and Professional Conduct in
Litigation Practice, Alternative Dispute Resolution and
Settlement Negotiation Techniques, Trial Preparation and
Courtroom Communication Skills, Practice Questions with
Verified Answers and Detailed Explanations, Real Court
Case Studies, Step-by-Step Litigation Frameworks, and
Proven Strategies to Successfully Master TLI4801 and
Excel in Legal Practice and Trial Advocacy
Question 1: In the context of South African civil procedure, a plaintiff residing in Durban
institutes an action for breach of contract in the KwaZulu-Natal Local Division of the High
Court against a defendant who resides in Cape Town. The contract was negotiated and signed
in Durban, but the performance was to take place in Johannesburg. The defendant raises a
special plea of non-joinder, arguing that a co-debtor residing in Pretoria was not joined.
Which of the following statements accurately reflects the court's approach to this special
plea? A. The court must automatically dismiss the action because all co-debtors must be joined
in every circumstance without exception. B. The court has the discretion to condone the non-
joinder if the plaintiff provides a valid reason and the absent party's rights are not prejudiced.
C. The court must join the absent party mero motu regardless of the plaintiff's wishes or the
potential prejudice to the existing parties. D. The court must transfer the matter to the Pretoria
High Court because the absent party resides within its geographical jurisdiction.
CORRECT ANSWER: B. The court has the discretion to condone the non-joinder if the plaintiff
provides a valid reason and the absent party's rights are not prejudiced.
Rationale: Under the Uniform Rules of Court, a defendant may take exception to the non-
joinder of a co-debtor, but the court has the discretion to condone such non-joinder if it is in
the interests of justice and does not prejudice the absent party.
Question 2: A plaintiff institutes action in the High Court against a defendant who is a
peregrinus of the entire Republic of South Africa. The defendant has no assets within the
,The Ultimate and Complete TLI4801 – Techniques in Trial
and Litigation (EML1501) Study Guide 2025, Covering Civil
and Criminal Litigation Procedures, Courtroom Advocacy
and Trial Techniques, Legal Drafting and Pleadings
Preparation, Rules of Evidence and Evidence
Presentation, Case Analysis and Litigation Strategy
Development, Witness Examination and Cross-
Examination Skills, Motion Proceedings and Court
Applications, Legal Ethics and Professional Conduct in
Litigation Practice, Alternative Dispute Resolution and
Settlement Negotiation Techniques, Trial Preparation and
Courtroom Communication Skills, Practice Questions with
Verified Answers and Detailed Explanations, Real Court
Case Studies, Step-by-Step Litigation Frameworks, and
Proven Strategies to Successfully Master TLI4801 and
Excel in Legal Practice and Trial Advocacy
Republic, but the plaintiff has attached the defendant's intellectual property rights registered
within the jurisdiction. Which of the following best describes the jurisdictional basis invoked
by the plaintiff? A. Jurisdiction based on ratione rei gestae, as the cause of action arose within
the Republic. B. Jurisdiction based on ratione domicilii et contractus, as the contract was
concluded within the Republic. C. Jurisdiction based on arrested tanquam suspectus de fuga,
using the attachment to found or confirm jurisdiction. D. Jurisdiction based on ratione rei sitae,
as the intellectual property is situated within the court's area.
CORRECT ANSWER: C. Jurisdiction based on arrested tanquam suspectus de fuga, using the
attachment to found or confirm jurisdiction.
Rationale: When a defendant is a peregrinus of the entire Republic and lacks assets within the
country, the court assumes jurisdiction through the attachment of the defendant's property to
found or confirm jurisdiction, known as arrested tanquam suspectus de fuga.
Question 3: In the Magistrates' Court, a plaintiff claims R150,000 for damages arising from a
motor vehicle collision. The defendant files a plea and a counterclaim for R200,000 for the
same collision. The defendant then applies for the matter to be transferred to the High Court.
On what basis can the Magistrates' Court transfer this matter to the High Court? A. The
Magistrates' Court must transfer the matter because the combined claim exceeds the regional
court's jurisdiction of R400,000. B. The Magistrates' Court may transfer the matter if it believes
the matter is of such a nature that it should be heard in the High Court, provided the combined
,The Ultimate and Complete TLI4801 – Techniques in Trial
and Litigation (EML1501) Study Guide 2025, Covering Civil
and Criminal Litigation Procedures, Courtroom Advocacy
and Trial Techniques, Legal Drafting and Pleadings
Preparation, Rules of Evidence and Evidence
Presentation, Case Analysis and Litigation Strategy
Development, Witness Examination and Cross-
Examination Skills, Motion Proceedings and Court
Applications, Legal Ethics and Professional Conduct in
Litigation Practice, Alternative Dispute Resolution and
Settlement Negotiation Techniques, Trial Preparation and
Courtroom Communication Skills, Practice Questions with
Verified Answers and Detailed Explanations, Real Court
Case Studies, Step-by-Step Litigation Frameworks, and
Proven Strategies to Successfully Master TLI4801 and
Excel in Legal Practice and Trial Advocacy
claim exceeds its own jurisdiction. C. The Magistrates' Court must transfer the matter
automatically because the counterclaim exceeds the district court's jurisdiction of R200,000. D.
The Magistrates' Court cannot transfer the matter; the defendant must first withdraw the
counterclaim to remain within the jurisdictional limits.
CORRECT ANSWER: B. The Magistrates' Court may transfer the matter if it believes the matter
is of such a nature that it should be heard in the High Court, provided the combined claim
exceeds its own jurisdiction.
Rationale: Section 30 of the Magistrates' Courts Act allows a magistrate's court to transfer a
matter to the High Court if the claim exceeds its jurisdiction or if the matter is of such a nature
that it ought to be heard in the High Court, provided the combined claim exceeds the
magistrate's court limit.
Question 4: A plaintiff serves a summons on a defendant in terms of Rule 9 of the Uniform
Rules of Court. The defendant fails to deliver a notice of intention to defend within the
prescribed time period. The plaintiff subsequently applies for default judgment. Which of the
following is a mandatory requirement for the plaintiff to obtain default judgment in a liquid
document claim? A. The plaintiff must prove that the defendant was personally served with the
summons and had actual knowledge of the claim. B. The plaintiff must provide an affidavit
confirming that the claim is still due and owing and that the defendant is not in arrears. C. The
plaintiff must obtain a certificate from the registrar confirming that the defendant has no assets
, The Ultimate and Complete TLI4801 – Techniques in Trial
and Litigation (EML1501) Study Guide 2025, Covering Civil
and Criminal Litigation Procedures, Courtroom Advocacy
and Trial Techniques, Legal Drafting and Pleadings
Preparation, Rules of Evidence and Evidence
Presentation, Case Analysis and Litigation Strategy
Development, Witness Examination and Cross-
Examination Skills, Motion Proceedings and Court
Applications, Legal Ethics and Professional Conduct in
Litigation Practice, Alternative Dispute Resolution and
Settlement Negotiation Techniques, Trial Preparation and
Courtroom Communication Skills, Practice Questions with
Verified Answers and Detailed Explanations, Real Court
Case Studies, Step-by-Step Litigation Frameworks, and
Proven Strategies to Successfully Master TLI4801 and
Excel in Legal Practice and Trial Advocacy
within the jurisdiction. D. The plaintiff must serve a notice of bar on the defendant before
applying for default judgment.
CORRECT ANSWER: B. The plaintiff must provide an affidavit confirming that the claim is still
due and owing and that the defendant is not in arrears.
Rationale: In terms of Rule 31(1) and Rule 31(5)(a) of the Uniform Rules, when applying for
default judgment on a liquid document, the plaintiff must file an affidavit stating that the sum
claimed is still due and owing and that no part of it has been paid.
Question 5: In the High Court, a plaintiff delivers a particulars of claim alleging breach of a
written contract. The defendant delivers a plea denying the breach but fails to specifically
address the allegation that the contract was reduced to writing and signed by both parties.
What is the legal consequence of the defendant's failure to specifically address this
allegation? A. The allegation is deemed to be admitted by the defendant in terms of Rule 22 of
the Uniform Rules of Court. B. The allegation is deemed to be denied, and the plaintiff must still
prove the existence of the written contract at trial. C. The plea is deemed to be an exception
because it lacks sufficient clarity and fails to disclose a defense. D. The court will automatically
strike the plea from the roll for being vague and embarrassing.
CORRECT ANSWER: A. The allegation is deemed to be admitted by the defendant in terms of
Rule 22 of the Uniform Rules of Court.
