TLI4801 Exam Portfolio Due 22 October 2024

TLI4801 EXAM OCTOBER 2024

Question 1.1
Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that
manufactures furniture. On 20 April 2024 she purchased raw material from Olive Woods
Furniture (“Olive Woods”), a furniture material factory in Pretoria, for an amount of
R180 000,00. The material was delivered by Olive Woods and a copy of the invoice was
handed to Ms. Lesedi, who then neglected to pay for the material within the 30-day period
provided for in terms of the invoice. Despite repeated requests by Olive Woods, Ms. Lesedi
did not settle the amount. Olive Woods wants to sue Ms. Lesedi for the outstanding amount.
The owner of Olive Woods approaches you for legal advice regarding the proceedings to be
instituted against Ms. Lesedi.

a) Discuss the type of summons that Olive Woods will use to recover the outstanding
amount
In this scenario, Olive Woods would use a Simple Summons to recover the outstanding
amount from Ms. Bright Lesedi. According to Rule 17(1) of the Uniform Rules of Court, a
simple summons is appropriate when the plaintiff’s claim is for a debt or liquidated
demand, which is precisely the case here as the claim arises from an unpaid invoice for the
supply of furniture material valued at R180,000.
A liquidated demand refers to a claim where the amount owed is clearly determined or