a) Jock Builders can make use of the simple summons, because the nature of
their claim is a “debt” or it is “liquidated”. Simple summons are
... [Show More] normally used
where the quantum is already determine or can be easily ascertainable usually
without leading evidence. Rule 2(b) provides that where a claim is for a debt or
liquidated demand a simple summon. The reason for this is that the monetary
value of the claim has already been established as R450 000. Both partied had
agreed to this amount.
b) SIMPLE SUMMONS
CASE: 31728/19
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION)
In the matter between:
JOCK BUILDERS Plaintiff
And
MR ADAM PETERS Defendant
_______________________________
TO THE SHERIFF OR HIS DEPUTY:
INFORM
ADAM PETERS, a businessman whose full and further particulars are to the
Plaintiff, R450 000, residing at Villeria in Pretoria.
(hereinafter called the Defendant) that
JOCK BUILDERS, a supply company, duly incorporated and registered in
accordance with the company laws f the Republic of South Africa, under
registration number 2101/01 1733/ 06, with principal place of business at 55
Heather Drive, Kempton Park, Pretoria.
(hereby called the Plaintiff), hereby institutes action against him in which action
the Plaintiff claims the relief and, on the grounds, set in the particulars annexed
hereto.
INFORM, the Defendant further that if he disputes the claim and wishes to
defend the action, he shall
I. Within 10 (TEN) days of the service upon him of this Summons, file with
the Registrar of this Court of the High Court Building, corner Paul Kruger
and Vermeulen Street, Pretoria, notice of his intention to defend and
serve a copy thereof on the Plaintiff’s attorney, which notice shall give
an address ( not being a post office) as referred to in Rule 19(3) for the
service upon the defendant of all notices and documents in the action.
II. Thereafter and within twenty days after filing and serving notice of
intention to defend and aforesaid, file with the Registrar and serve upon
the Plaintiff a Plea, notice to strike out, with or without a counterclaim.
INFORM the Defendant further that if he fails to fail and serve notice as aforesaid,
judgement as claimed may be given against him without further notice to him, or if
having filed and served such notice, fails to plead, except, make application to strike
out or counterclaim, judgement may be given against him.
And immediately thereafter serve on the Defendant a copy of this Summons and return
the same to the Registrar with whatsoever you have done thereupon. [Show Less]