FACULTY OF COMMERCE, ADMINISTRATION AND LAW
LEGAL SKILLS – LCLS 201
ASSIGNMENT 1
INSTRUCTIONS:
- You act on behalf of
the Plaintiff who instructed you that she is intend on a divorce. You may fabricate
details for purposes of citation.
- Draft a combined
summons, as well as all relevant documents required in issuing a summons, based on the
following facts:-
- The document should be
typed and submitted IN CLASS on 4 March 2014. Failure or late
submission of the assignment will not be marked.
Mr Dan Naidoo and Mrs Sue Naidoo
(previously Govender) were married to each other out of community of property
with the inclusion of the accrual system on the 1st day of April
2010 at Stanger.
Mr Naidoo is an IT specialist working
at ABSA bank, Durban whilst Mrs Govender is a
teacher at Umhlali
Primary School
John Naidoo, born 1 April 1990, a boy
was born from Mr Dan Naidoo’s previous marriage. Josh Naidoo, a boy born on 1
January 2011 is presently in the primary care of Sue Naidoo after Dan Naidoo
left the matrimonial home on 10 January 2011.
Mrs Sue Naidoo discovered that Mr Dan
Naidoo was having an affair with his secretary Ms. Chetty and confronted him
about same on the 10th day of January 2011 where after Mr Naidoo
left the home and informed Mrs Naidoo that he will not be paying her
maintenance or retain her and the minor child/ren as members on his medical aid
fund.
Your instructions are that Ms Chetty
should be sued for loss of consortium and that a claim of R200 000-00 should be
instituted against her. Ms Ann Chetty is
a doctor at EThekwini hospital.
Mrs Naidoo requires R2000-00
maintenance per month per child in respect of the minor child/ren and R5000
rehabilitative maintenance for her as well as the child/ren to be retained on
Mr Naidoo’s medical aid fund. In addition you are instructed to claimR3000-00
per month from Mr. Naidoo in respect of educational expenses. You are
instructed that Mrs Naidoo wishes to be appointed as the primary care-giver of
the minor child/ren.
20 marks
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