TLI4801 May June Exam Portfolio – Due 27 May 2025

QUESTION 1: CIVIL PRACTICE

ANSWER

Question 1.1
Shiny Plastics (Pty) Ltd (“Shiny Plastics”) is a plastic bottle manufacturer based in
Pretoria West. Blue Brands (Pty) Ltd (“Blue Brands”) is a contract filling and
manufacturing company based in Johannesburg South. The company manufactures anfills soap detergent bottles for a number of brands. On 20 March 2025, the owner of BluBrands, Ms. Sue Brand, sent an email to Shiny Plastics to place an order for 50 000
plastic bottles valued at R300 000,00 in order to complete an order for a client……….

a) Discuss the type of summons that Shiny Plastics will use to recover the
outstanding amount.

(a) Type of Summons

Shiny Plastics must issue a simple summons to recover the R300 000.00 outstanding,
because the claim is for a fixed, liquidated amount due under contract.
The debt is
“liquidated” as it is admitted by Blue Brands’ order confirmation and delivery, and the
monetary value is capable of determination by simple calculation (50 000 bottles × R6.00each).² A simple summons corresponds to Form 9 of the First Schedule to the Uniform
Rules of Court and requires only a concise cause of action setting out the amount, basis
(sale and delivery of bottles on 21 March 2025), and demand for payment.³ The
declaration (particulars of claim) need only be filed if Blue Brands delivers a notice of
intention to defend, unless Shiny Plastics elects to apply for summary judgment
immediately.⁴
1
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1 Uniform Rule 17(1) of the Uniform Rules of Court; Study Guide 17.2.
2 Mdunge 1962 2 SA 500 (N); Molelekeng 1992 1 SA 604 (T).
3 First Schedule Form 9 to the Uniform Rules of Court.
4 Uniform Rule 17(2); Study Guide 17.2 & 23.4.