Other Questions

Question 1

Your client has taken written cession of a claim and institutes action against debtor in magistrate. which allegations should the summons contain regarding the cession?

Answer 1

Cedents Name
Address
Description as at time of cession

Draft of the Written Cession

Question 2

Up to what stage in an action may pleading be amended?

Answer 2

Anytime up to judgment including judgment on appeal

Question 3

Your client is the defendant against which summary judgment is being sought does not want to disclose his defence at this stage. What would you advise him to do in order to avoid summary judgment being granted against him and obtain leave to defend the action?

Answer 3

Give security to the claim and costs

Question 4

May you use any relevant documentation at trial of the matter in magistrate court where your client has not been requested to discover and has not discovered.

Answer 4

No but see rule 23(4)

Question 5

Draft a Plea in Limine

Answer 5

Defendant pleads that clause x of the agreement refers disputes of the nature of the plaintiffs claim to Arbitration and consequently interms of section 6(1) of the Arbitration Act, the defendant applies for stay of the action.

Question 6

What is the position where the plaintiff has already obtained judgment disposing of a dispute

Answer 6

The matter is res judicata in that:

• there has been a prior judgment;
• between the same parties
• the same point was in issue

Question 7

You act for the plaintiff advise your client what steps to be taken in the following circumstances:
Client in possession of a cheque for R10 000 iro goods sole and delivered to defendant. He presents the cheque for payment and bank returns it marked refer to drawer

Answer 7

Issue a Provisional Sentence Summons

Question 8

You act for the plaintiff advise your client what steps to be taken in the following circumstances:
Client has served summons on defendant. Month has lapsed and defendant not enter appearance to defend

Answer 8

Request Default Judgment

Question 9

You act for the plaintiff advise your client what steps to be taken in the following circumstances:
Client has served summons on defendant iro damages caused to his motor caused by the defendants negligent driving. defendant enters appearance to defend and then take no further steps iro defence of the action

Answer 9

File a notice of Bar

Question 10

You act for the plaintiff advise your client what steps to be taken in the following circumstances:
Client has served summons on the defendant who has filed an appearance to defend and plea. you client considers the plea to be vague and embarrassing

Answer 10

Provide the defendant with a notice affording him an oppurtunity of removing the cause of complaint within 15 days. should defendant fail to respond then file an exception