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Impending barring while in other instances barring

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of impending barring while in other instances barring occurs automatically. When a party is late indelivering a replication, that party is automatically barred from delivering the replication. (Studyunit 12.3.1; Uniform Rule 26 and Magistrates‟ Courts rule 21B)Statement (1) is incorrect. Where the defendant does not give notice of intention to defend, theother party may apply for a default judgment. Bar applies topleadingsonly -- a notice ofintention to defend is not a pleading, but a process. (Study units 8 (definitions of a pleading and aprocess) and 12.3.1)Statement (2) is incorrect. Uniform rule 39(1) provides that if, when a trial is called and only theplaintiff appears, the plaintiff may prove his or her claim and judgment by default shall be grantedin so far as she or he has discharged such burden. (Study unit 14.1)
CIP3701/201/2/20177Statement (4) is incorrect. A request for further particulars for purposes of trial assists with thepreparation for trial. It does not form part of the pleadings that are exchanged. If the party fails tofurnish the further particulars timeously or sufficiently, the other party may approach the court foran order for their delivery or for the dismissal of the action or striking off the defence. (Study unit13.3.1 and Rule 21(4) of the Uniform Rules of Court)Question 5The most accurate option is: (2)A notice of motion is used in application proceedings to commence application proceedings,whilst a plea is used in action proceedings to raise a defence against the plaintiff‟s claim. (Studyunits 2.1 and 9.3)The items grouped together in statement (1) are related.Both summary judgment and summarydismissal are examples of pre-trial judgments. Summary dismissal can be used by the defendantagainst the plaintiff‟s claim if the action is frivolous or vexatious.Summary judgment can only beapplied for if the claim falls within the definition of a debt or a liquidated demand. (Study units12.4; 6 and 12.4.1)The items grouped together in statement (3) are related. Both the simple summons and theprovisional sentence summons are issued where the amount of the claim is certain andascertainable. The simple summons is issued where the nature of the claim is a debt or liquidateddemand, and the provisional sentence summons is issued where the cause of the action is basedon a liquid document. (Study units 6.2.2 and 7.2.2.1)The items grouped together in statement (4) are related. Both discovery and the request forfurther particulars are used for purposes of the preparation for trial. The purpose of the requestfor further particulars is to inform a party more fully about what the other party intends toprove, to place him or her in a position to prepare for trial, and to prevent being taken bysurprise at the trial. The purpose of discovery is to ascertain from the other party to the actionwhat documents are in existence which might be relevant for the action. (Study units 13.3.1 and13.3.3)

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Term
Fall
Professor
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Tags
Study Unit, High Court, Magistrates Courts Act

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