TLI4801_EXAM_PORTFOLIO

QUESTION 1 CIVIL PRACTICE a) An action procedure is commenced by either simple or combined summons. A simple summons is used for matters where a claim is liquidated, for example a debt, whereas a combined summons is utilised in matters concerning unliquidated debts for example a claim for damages due to a motor vehicle accident.1 Mr Smith will thus make use of a combined summons in order to institute his action. b) It is necessary for a pleading to be annexed to a combined summons. Thus, this will be the plaintiff’s particulars of claim, which is in turn the material facts upon which the plaintiff (Mr Smith) will rely in order to substantiate his claim. The particulars of claim must generally adhere to the rules on pleadings.2 c) IN THE MATTER HELD BEFORE THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG Between ALAN SMITH Plaintiff And JOE SOAP Defendant d) 1. The Plaintiff, an adult male person, Joe Soap who was born on 06 March 1970. 2. On the morning of 02nd of January 2017 on Merring street, Johannesburg North, while cycling, Mr Alan Smith was struck from behind by a certain speeding taxi with registration number TN565 GP driven by Mr Joe Soap (Hereinafter referred to as the insured driver). The collision resulted in a damaged bicycle of Mr Smith as well as injuries sustained upon him