Simple Summons
In every case where the claim is for a debt or liquidated demand the summons shall be as near as may be in accordance with Form 9 of the First Schedule of the Uniform Rules in High Court matters, and Form 2 of Annexure 1 of the Magistrates’ Court Rules in Magistrates’ Court matters. The rules give no definition of the words liquidated demand and it has been held that it is not limited to claims for the payment of money.
A party who in his pleading relies upon a contract shall state whether the contract is written or oral and when, where and by whom it was concluded, and if the contract is written a true copy thereof or of the part relied on in the pleading shall be annexed to the pleading.
The simple summons is used when the claim is for a debt or liquidated demand and does not embody all the particulars of claim, but it must set out the nature of the claim. Only if the defendant delivers a notice of intention to defend does the plaintiff give full particulars of claim in the form of a declaration.
The declaration must be delivered within 15 days after receipt of the notice of intention to defend. It must set forth the nature of the claim, the conclusion of law which the plaintiff shall be entitled to deduce from the facts stated therein, and a prayer for the relief claimed.
The declaration and particulars of claim are dealt with in more detail later.
For more go to Notes on action (trial) proceedings
