Summons
Action proceedings, also known as actions or trials, are initiated by way of summons. Summons is a form of process sued out through the office of the registrar and addressed to the sheriff, directing him/her to inform the defendant of the nature of the claim that the plaintiff has and of the steps that the defendant must take in order to resist the plaintiff’s claim, failing which judgment may be given.
Depending on the nature of the claim, two types of summons may be used, to wit liquid or illiquid summons.
A liquid summons is used for a liquid claim which must be based on a liquid document. A liquid document may be generally defined as a written instrument signed by the defendant or his agent evidencing an unconditional acknowledgement of indebtedness in a fixed sum of money. This type of summons is used in provisional sentence summons proceedings and is discussed later.
An illiquid summons is used for an illiquid claim which is not based on a liquid document and as such the exact monetary value is not ascertained. This type of summons is used for debt or liquidated demand, also called simple summons, and combined summons, both discussed later.
For more go to Notes on action (trial) proceedings
