TECHNIQUES IN TRIAL AND LITIGATION POTRFOLIO

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a) Jock Builders can make use of the simple summons, because the nature of their claim is a “debt” or it is “liquidated”. Simple summons are normally used where the quantum is already determ... ine or can be easily ascertainable usually without leading evidence. Rule 2(b) provides that where a claim is for a debt or liquidated demand a simple summon. The reason for this is that the monetary value of the claim has already been established as R450 000. Both partied had agreed to this amount. b) SIMPLE SUMMONS CASE: 31728/19 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION) In the matter between: JOCK BUILDERS Plaintiff And MR ADAM PETERS Defendant _______________________________ TO THE SHERIFF OR HIS DEPUTY: INFORM ADAM PETERS, a businessman whose full and further particulars are to the Plaintiff, R450 000, residing at Villeria in Pretoria. (hereinafter called the Defendant) that JOCK BUILDERS, a supply company, duly incorporated and registered in accordance with the company laws f the Republic of South Africa, under registration number 2101/01 1733/ 06, with principal place of business at 55 Heather Drive, Kempton Park, Pretoria. (hereby called the Plaintiff), hereby institutes action against him in which action the Plaintiff claims the relief and, on the grounds, set in the particulars annexed hereto. INFORM, the Defendant further that if he disputes the claim and wishes to defend the action, he shall I. Within 10 (TEN) days of the service upon him of this Summons, file with the Registrar of this Court of the High Court Building, corner Paul Kruger and Vermeulen Street, Pretoria, notice of his intention to defend and serve a copy thereof on the Plaintiff’s attorney, which notice shall give an address ( not being a post office) as referred to in Rule 19(3) for the service upon the defendant of all notices and documents in the action. II. Thereafter and within twenty days after filing and serving notice of intention to defend and aforesaid, file with the Registrar and serve upon the Plaintiff a Plea, notice to strike out, with or without a counterclaim. INFORM the Defendant further that if he fails to fail and serve notice as aforesaid, judgement as claimed may be given against him without further notice to him, or if having filed and served such notice, fails to plead, except, make application to strike out or counterclaim, judgement may be given against him. And immediately thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatsoever you have done thereupon. [Show More]

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