Portfolio_Exam_October_November_2019_Techniques_In_Trial_and_Liti ..TLI4801

QUESTION 1: CIVIL PRACTICE 1. Mr Alan Smith, who is a medical doctor, is married to Cecile Smith, a housewife, for ten years. The couple reside in Sandton, Johannesburg. They have two minor children, Kevin and Nancy. The Smiths decide to divorce after ten years, citing irreconcilable differences. Mr Smith approaches you for assistance regarding the divorce proceedings. (a) Discuss the type of summons that will be used to institute Mr Smith’s divorce action. (4) There are three different types of summonses in practice i.e combined summons, simple summons and provisional sentence summons. The combined summons is the most important form of summons and may be used for any kind of claim. It is mandatory to use a combined summons in the case of illiquid claim such as a divorce or claim for damages. This summons consists of two parts: (i) The summons, which is really just a kind of notice from the plaintiff to the defendant via sheriff, telling him/her that action has been instituted, and giving various formal detail about the matter. (ii) The particulars of claim, which are attached to summons. The particulars of claim contain the material facts on which the plaintiff relies for cause of action. In Ex parte Inkley and Inkley 1995 (3) SA 528 (C), Court held that proceedings for divorce decree must be initiated by combined summons, not by application. Therefore, advise to Mr Smith will be that the most appropriate way proceed will be to issue combined summons for divorce decree