TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 – DUE 16 March 2026

Description

TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 – DUE 16 March 2026; 100% Correct solutions and explanations. Assignment 01 – Semester 1 Answer the following questions using proper references in footnotes. Your entire assignment answer (questions 1-4) must not exceed 15 pages. 1. Avril Mark, a commercial property owner, is in the business of leasing office space in Menlyn, Pretoria. Mr. Mark instructs his attorney, Mr. Winner XT, to sue his former tenant, Ms. Sue Best, a psychologist, running her business as a sole proprietor at the Menlyn property of Avril Mark for arrear rentals in respect of the office space. Mr XT proceeds with a summons issued out of the High Court division, Pretoria. The matter is defended. The parties prepare for the trial and Ms. Best fails to disclose some documents. Mr. XT believes that his client’s case preparation is prejudiced by this failure, and he approaches the court in terms of Rule 35(7) for an order to force Sue Best to disclose the documents. Answer the following questions. You may supplement the given facts, provided that your own rendition does not detract from the core issues. (a) Discuss whether it is appropriate for Mr. XT to use an action or application procedure. (4) (b) Depending on your answer in (a) above, name and discuss the pleading or process that will be used by Mr. XT on behalf of his client, Mr. Avril Mark. (6) Refer to Chapter 10 of the prescribed textbook as a starting point. You must apply the relevant law to the given facts. [10] 2. Discuss the advantages and