STUDY UNIT 9

Question 1

THE FIVE BASIC STEPS:

Answer 1

1. the plaintiff sends a summons and particulars of claims
2. the defendant sends a notice of intention to defend
3. the defendant sends a plea (in a simple summons the plaintiff sends a declaration)
4. the plaintiff sometimes sends a replication
5. points at issue between the parties are clear, and pleadings close.

Question 2

TYPES OF SUMMONSES:

Answer 2

1. Combined summons
2. Simple summons
3. Provisional sentence summons

Question 3

1. COMBINED SUMMONS

Answer 3

may be used for any kind of claim
it is mandatory to use a combined summons in the case of an unliquidated claim, such as a claim for damages or illiquid claim such as divorce.

Question 4

2. SIMPLE SUMMONS:

Answer 4

may be used where the plaintiff’s claim is for a debt or liquidated demand

Question 5

3. PROVISIONAL SENTENCE SUMMONS:

Answer 5

is used for those special cases where the plaintiff’s claim is founded on a liquidated document.

Question 6

DIFERENCES BETWEEN A COMBINED SUMMONS AND A SIMPLE SUMMONS:

Answer 6

1. a simple summons may be used for the claim of a debt or liquidated demand, whereas a combined summons may be used for any kind of claim.
2. the cause of action in a simple summons is summarized, whereas in a combined summons it is set out in full in a separate particulars of claim
3. a simple summons is followed by a document called the declaration by the plaintiff once the defendant enters into an appearance to defend.
4. a simple summons must be signed by the attorney who acts for the plaintiff and a combined summons in the High Court must be signed by the attorney and the advocate who acts for the plaintiff.