Basic Summons

Question 1

Lists four types of summons

Answer 1

Simple Summons
Combined Summons
Provisional Sentence Summons
Automatic Rent Interdict Summons

Question 2

What is a Simple Summons?

Answer 2

Simple Summons is used for claim for debt or liquidated amount.
Summons includes a POC

Question 3

What is a combined summons?

Answer 3

Combined summons is used for all other claims. You have the summons and a separate POC

Question 4

What is a provisional sentence summons?

Answer 4

Claim based on a liquid documents includes the POC the liquidated document attached.

Question 5

What type of defects will usually be found in summons?

Answer 5

• Legal Capacity - is the plaintiff a minor
• is the full name of the plaintiff/defendant set out
• court wont have jurisdiction if defendant lives elsewhere
• in case of suretyship must allege that it is in writing
• must allege that plaintiff fulfilled his part of the contract
• amount more than R100 000 exceeds Mag jurisdiction
• if two defendants must have allegation claim against both jointly and severally
• is the interest rate correct
• Usually no basis for costs between attorney and client
• is the plaintiffs attorney address within 15km of court
• court wont have jurisdiction if defendant not live or work in [ ] area nor did the whole coa take place in area
• defendant not liable for work done by his minor child
• is prescription applicable
• justification must be given if interest rate more than mora interest

Question 6

List the 5 essential elements every Particulars of Claim must have

Answer 6

1 - citation of parties
2- locus standi
3- jurisdiction of the court
4- coa, set out the material facts on which the case is based
5- prayer, the relief the plaintiff seeks from court

Question 7

Draft the necessary clause in POC which would enable the plaintiff to proceed out of Johannesburg District Magistrate Court

Answer 7

The whole cause of action arose within the jurisdiction of the above honourable court.