TLI4801 Portfolio

QUESTION 1 (a) The combined summons will be used to institute Mr Smith‟s divorce action. Combined summons is primarily used where the plaintiff‟s claim is unliquidated, that is where it is not a claim for a debt or liquidated demand.1 Matter for which a combined summons is used involves serious factual disputes that require the leading oral evidence to resolve the issue. (b) The type of pleading that will be annexed to the summons is particulars of claim .In every case where the claim is not for a debt or liquidated demand the plaintiff must annex his or her summons particulars of the material facts relied upon by him or her in support of the claim,(particulars of claim).2Also the rule provides that the particulars of claim, unlike declaration do not constitute a separate pleading and are inseparably linked to the summons, hence the designation combined summons.3 (c) North Gauteng High Court Case no 121(2019) Between Cecile Smith First Plaintiff Nancy Smith Second Plaintiff Kevin Smith Third Plaintiff And Alan Smith Defendant lOMoARcPSD| PARTICULARS OF CLAIM4 1. The first plaintiff is an adult female person Cecile Smith who was born on 12th March 1969, unemployed, housewife currently residing in Sandton Johannesburg. 1.1. The second plaintiff is a female person who is a minor, born 17th April 2009, she does not have locus standi (capacity to act in court of law), and therefore she is represented by the first plaintiff. 1.2. The third plaintiff is male person who is a minor, born on the 13 th August 2010 and is also a minor who does not have locus standi (capacity to act). 2. The defendant is an adult male Alan Smith person who was born on 28 th September 1966; he is a medical practitioner, currently residing in Sandton Johannesburg. 3. The defendant as a legal person has capacity to act; he is not a minor or a mentally ill person, therefore he can sue or be sued in his own name. 4. The defendant is liable to handle claims arising from the divorce action. 5. In