TLI4801 PORTFOLIO
ASSIGNMENT SEMESTER 1 YEAR
2024 GUARANTEED DISTINCTION.
DUE DATE 28th MAY 2024
QUESTION 1
(a) Discuss the type of court proceedings that must be used to institute EBA’s claim.
EBA (Pty) Ltd can institute legal proceedings to recover the outstanding amount from DSA
through...
TLI4801 PORTFOLIO
ASSIGNMENT SEMESTER 1 YEAR
2024 GUARANTEED DISTINCTION.
DUE DATE 28th MAY 2024
QUESTION 1
(a) Discuss the type of court proceedings that must be used to institute EBA’s claim.
EBA (Pty) Ltd can institute legal proceedings to recover the outstanding amount from DSA
through the Magistrate's Court. In South Africa, the Magistrate's Court has jurisdiction over civil
claims not exceeding a certain monetary limit, which is determined by the Magistrates' Courts
Act 32 of 1944. Since the outstanding amount is R1.5 million, it falls within the jurisdiction of
the Magistrate's Court. Therefore, EBA can pursue its claim through the Magistrate's Court,
which is a cost-effective and efficient option for smaller claims. The Magistrate's Court has the
authority to hear and determine civil disputes, including claims for payment of outstanding
amounts, making it the appropriate forum for EBA's claim against DSA. According to Rule 2(b),
a simple summons is appropriate for claims involving a liquidated demand or debt, such as a
specific and fixed amount of money owed
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