Description
TLI4801 Assignment 1 Semester 1 Memo | Due 16 March 2026. All questions fully answered. 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 y our 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.
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.
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