ASSIGNMENT 03.docx - ASSIGNMENT 03 EXAM PORTFOLIO DUE DATE 17 MAY 2019 UNIQUE NUMBER 752588 STUDENT NUMBER 48991384 Question 1 1(a The combined summons

ASSIGNMENT 03.docx - ASSIGNMENT 03 EXAM PORTFOLIO DUE DATE...

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ASSIGNMENT 03: EXAM PORTFOLIO DUE DATE: 17 MAY 2019 UNIQUE NUMBER: 752588 STUDENT NUMBER: 48991384 Question 1 1. (a) The combined summons is primarily used where the plaintiff’s claim is unliquidated, that is, where it is not a claim for a debt of liquidated demand. Matters for which a combined summons is used often involve serious factual disputes that require the leading of oral evidence to resolve the issues. The combined summons derives its name from the fact that it combines a summons and a full statement of claim in one document. (b) The particulars of claim, which are attached to the summons. The particulars of claim contain the material facts on which the plaintiff relies for his cause of action. These facts are set out in a concise and logical way in a separate annexure (with the heading ‘Particulars of claim’) which is attached to the summons. While the summons itself is drafted and signed by an attorney, the particulars of claim are usually drafted by an advocate and signed by both an advocate and an attorney of the High Court, and must comply with rule 18 of the High Court and the similarly worded rule 6 of the Magistrates’ Courts, which relate to pleadings generally. (c) IN THE MAGISTRATES COURT JOHANNESBURG CENTRAL, HELD AT JOHANNESBURG. CASE NO :______5567870____________ In the matter between:- Mr ALAN SMITH (Identity Number: 775408 8903 123) and JOE SOAP Defendant (Registration Number: TN565GP) (d)
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PLAINTIFF’S PARTICULARS OF CLAIM 1. The Plaintiff is ALAN SMITH , an adult member of Fit Riders with Identity Number: 775408 8903 123, residing at 88 DOLPHIN STREET, RANDPARK RIDGE, RANDBURG, 2019. 2. The Defendant is JOE SOAP (Registration Number:TN565GP) , an adult male taxi driver with his registered address at 2 ANGUS ROAD, BEDFORDVIEW, GERMISTON, 2007 . 3. The Defendant has its registered address, alternatively conducts business, within the jurisdiction of the above Honourable Court and accordingly, the above Honourable Court has jurisdiction to hear this matter. 4. In and during April 2019 and at Long Street, Johannesburg, the Plaintiff, Mr Alan Smith, who was cycling on a public road in Johannesburg, was struck from behind by a speeding taxi driven by the Defendant, Joe Soap. 5. Mr Smith was injured as a result of the accident and his bicycle damaged. 6. Mr Smith sustained the following injuries: 6.1 a broken leg 6.2 a broken pelvis 6.3 a deep cut below his right eye resulting in permanent facial scarring 6.4 bruises and abrasions to the right-hand side of his body 6.5 His doctors have advised him that he will not be able to resume cycling as a sport as a result of his injuries. 7. Mr Smiths injuries and damages amount to R 750 000, 00 (Seven Hundred and Fifty Thousand Rand). WHEREFORE the Plaintiff prays for Judgment against the Defendant in the following terms:- a) Payment in the sum of R 750 000,00( seven hundred and fifty thousand rand);
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b) Costs of suit; c) Further and/or alternative relief.
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