QUESTION 5

(a) Advise your client B, on what action should be taken in the following circumstances:

(i) B is a defendant in an action in which a plaintiff is claiming repayment of a loan which was due and payable in 2012, the action was instituted in 2021. He has entered an appearance to defend. (1)

(ii) B is the defendant in an action where summons was served on him which he considered to be vague and embarrassing. He has entered an appearance to defend. (2)

(iii) B is a defendant in an action relating to a motor collision. The plaintiff has claimed R90 000 as a result of damages to the motor vehicle. B considers himself to be 50% liable for the collision and he has R40 000 available. B has entered an appearance to defend and does not have a counterclaim as his vehicle was not damaged. (2)

(b) B owns property in Durban, which she has rented to A. The monthly rental is R30 000. A is four months in arrears, and B suspects that A plans to leave the property to avoid paying the arrear rentals in the amount of R120 000. Advise B regarding the steps she may take to recover payment of the arrear rental. (5)