HIGH COURT PRACTICE [25 MARKS] ee eee eee ere You entered appearance to defend on behalf of your client, the Defendant. The relevant Portion of the Particulars of Claim relating to the cause of action for claiming damages is Set out hereunder. (For purposes of answering this part of the question you may assume that the parties were cited correctly, that the court has jurisdiction to entertain the matter, that the quantum of the claim for damages was set out correctly and that the relevant felief was sought in the prayers) 4 At all relevant times Plaintiff was the driver of a Nissan vehicle with registration number ABC 123 GP, 5. On the 5 of April 2024 and at the intersection of West and North Streets, Durban, @ collision occurred between the vehicle driven by the Plaintiff and a BMW vehicle with registration number XYZ 456 GP, driven by the Defendant. 6. AS a result of the aforesaid collision, Plaintiff suffered damages in the amount of R460 000-00 (four hundred and sixty thousand rand) being the fair and reasonable costs of repair of the vehicle restoring it to its pre-collision condition. 1.1. Can the Defendant raise any formal objection against this portion of the summons? Explain briefly. [1] 1.2. Draft the necessary Notice, Application or Pleadings to give effect to your advice to question 1.1. Include the heading but you may omit the ending [.e. Particulars and/or Registrar. [8]question? i marks Your client James Jones, a major male carpenter, hands you a summons issued from the Eastern Cape Local Division, Bisho on the 19" of July 2024 and served on him by the sheriff at his place of residence at 7 West Street Pretoria on the 24% of July 2024. Perusing the Particulars of Claim you note that the Plaintif’s Claim is based on an acknowledgement of debt signed by your client on the 20 of July 2021 in Pretoria in ich he undertook to pay the Plaintiff, Mark Andrew an amount of R1 200 000-00 (one million two hundred thousand rand) on or before the 31% of July 2021. After consulting with your client, you conclude that he has a valid defence on the merits, You also advise him that you intend filing a Special Plea as well. 2.1. Briefly explain to your client what a Special Plea is [1] 2.2. Draft ONLY the Special Plea applicable. Include the heading and ending to the Special Plea. [7] quesTiONS ts asi What time should the Defendant be allowed to serve and file his Notice of intention Defend a Combined Summons in each of the following scenarios: 3.1. The Defendants an organ of state. [1] 3.2. The Defendant is a natural person who resides within the geographical area of Jurisdiction from which the summons was issued. [1]3.3. The Defendant is a juristic person with registered address and principal place of business outside the area of jurisdiction of the Division of the High Court from where Summons was issued and such address is further than 150 kilometers from the seat of such Division. [1] 3.4. What period on the calendar is not taken into account when calculating time periods for entering Appéarance to Defend i.e. the so called dies non. [1] TION. Name the four (4) requirements that must be met before an interim interdict can be granted. [4] MAGISTRATES’ COURT PRACTICE [25 MARKS] QUESTIONS 25 MARKS] Your client, Ms. BD consulted you on 20 March 2023. She was being sued as the 3% defendant in an action for damages in the amount of R 80 000 (eighty thousand rand). The action had been instituted in your local District Magistrate's Court. After the pleadings closed, the parties tried to settle the matter, without success. The plaintiff is a firm named ABC. 5.1. You advise your client that steps should be taken fo determine who the owners of the Plaintiff are. Draft the necessary court notice. You may omit the court heading and ending. (3) 5.2. _ In this matter the plaintiff delivered a notice which reads as follows “The plaintiff hereby withdraws its claim against the 3 defendant.” You correspond with the plaintiff's attorneys to protect your client's interest. Neither the plaintiff nor its 45.2.1 5.2.2, 5.2.3. 5.2.4. 63. 5.4, 5.4.1. 54.2. attorneys reply or react in any manner to the correspondence, Your client instructs you to approach the Court to protect her interests. What should you do to protect your client's interests? (1) Within how many days should this be done? (1) 1s what should be done an action or an application? (1) What additional step should be done if the Notice was served on you on 3 April 2024 and it is now 21 August 2024? (1) Following from 5.2 above, draft the necessary court document. Include the court headings and ending, (5). When the matter is heard, the Magistrate immediately finds against your client. Your client wants to appeal the finding but does not know why the Magistrate found against her. What document should you draft before noting the appeal? (1) Assume such facts as is necessary and draft the Notice to Appeal, including the court heading and ending. (12) MOTOR VEHICLE ACCIDENT CLAIMS [25 MARKS) TI 4: You act on behalf of Mr Bang, who was involved in a motor vehicle collision at the intersection of Jack Street and Jill Street in Bloemfontein. Your client is the owner of the motor vehicle which he was driving; with registration number ABC123GP and; instructs you that the driver of the other vehicle; with registration number XYZ 789NW; disobeyed a red traffic light and collided with his vehicle. The driver of the other vehicle resides in Cape Town.Draft the particulars of claim relating to the claim for damages to your client's vehicle in ‘the amounts of R150 000.00 (one hundred and fifty thousand rand). You are NOT required to provide the prayers in your particulars of claim. [13] EST My List the documents you would lodge with the Road Accident fund for a valid claim in. [8] QUESTION Bt mars 'n terms of the Road Accident Fund Amendment Act of 2005, when will the following Claims prescribe in terms both lodgement of a claim with Road Accident Fund as well as the service of summons. 8.1. For an unidentified claim (“hit-and-run") where the injured claimant is a minor. [2] 8.2. For an identified claim where the injured claimant is a minor. [2] CRIMINAL COURT PROCEDURE [25 MARKS] QUESTION@ to KSI Ms. YM\ is charged with the offence of arson, in that itis alleged that she bumt down the house of Mr ABC after the two of them had a quarrel. The incident happened on the 1* June 2024 in Johannesburg and the damage to the immovable property is estimated at R2 million. Draw section 112 plea explanation statement on behalf of your client, Ms, YMUJ, using the above facts. The heading of the statement must be drawn and must be for the correct Court. [10]GUESTION19 0 MARKS] 10.1. Mention 5 types of sentencing that can be granted by a presiding officer when sentencing [5] 10.2. Give reasons why bail may not be granted to an accused person. [2] 10.3. In terms of which section can an accused person make admissions and confessions [1] 10.4. Give the roles of a prosecutor in a criminal court. [2]. QUESTION 44 0S MARKS] The Court that has convicted an accused person on a charge that has a minimum sentence applicable, may depart from imposing such sentence under given circumstances as provided in Act 105 of 1997. Discuss when will the Court impose a lesser sentence other than prescribed, and what procedure is to be followed. [5] - THE END -