TLI4801 Assignment 1 2021

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(1a) Discuss the type of summons that will be used to institute Mrs Steven`s

divorce action. (4)

The combined summons will be used to institute Mrs Steven divorce action.

According to Marnewick C.G (2012),1

Combined summons are primarily used

where the plaintiff s claim is unliquidated, that is where it is not a claim for a ‟

debt or liquidated demand. A combined summons is a summons to which is

annexed a statement of the material facts relied upon by the plaintiff in

support of plaintiff's claim, and which statement shall, amongst others, comply

with rule 6. Rule 6 relates to pleadings generally. Matter for which a combined

summons is used involves serious factual disputes that require the leading

oral evidence to resolve the issue.

(1.b) Name and discuss the pleading that will be annexed to the summons (4)

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). Furthermore,

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

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