COMBINED SUMMONS

IN   THE   HIGH   COURT OF SOUTH   AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO:                         /20__

In the matter between:

JOHN LAWYER                                                                                                            (Plaintiff)

and

JANE LAWYER                                                                                                          (Defendant)

__________________________________

TO THE SHERIFF/DEPUTY:

INFORM

JANE LAWYER, an adult female employed as a lawyer (hereinafter referred to as the Defendant) whose home and work address is 1 Lawyer Road, Cape Town, Western Cape

THAT

JOHN LAWYER, an adult male, employed as a lawyer (hereinafter referred to as the Plaintiff) whose home and work address is 2 Lawyer Road, Cape Town, Western Cape, hereby institutes action against him/her in which action the Plaintiff claims the relief on the grounds set out in the Particulars of Claim annexed hereto;

INFORM the Defendant further that if he/she disputes the claim and wishes to defend the action he/she shall:-

• within 10 (TEN) days of the service upon him/her of this summons file with the Registrar of this Court a notice of his/her intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address referred to in rule 19(3) for the service upon the Defendant of all notices and pleadings in the action;
• thereafter and within 20 (TWENTY) Court days after filing and serving the notice of intention to defend as aforesaid, file with the Registrar and serve upon the Plaintiff’s Attorneys a plea or exception with or without a claim in reconvention;

INFORM the Defendant further that if he/she fails to file and serve notice as aforesaid judgment as claimed may be given against him/her without further notice to him/her or if, having filed and served such notice, he/she fails to plead, except, or to counterclaim, judgment may be given against him/her;

INFORM the Defendant also that if he/she does not intend to defend the action, he/she may give written notice to that effect to the Plaintiff’s Attorneys and the Registrar and the action may then, at the written request of the Plaintiff’s Attorneys, be forthwith set down by the Registrar for hearing;

And immediately thereafter serve on the Defendant a copy of this Summons and return the same to the Registrar with whatever you have done thereupon.

DATED AT CAPE TOWN THIS         DAY OF                 202__.

………………………………………………………………

REGISTRAR OF THE HIGH COURT                                                                                 

JOHN LAWYER

_____________________

Per.: John Lawyer

(Plaintiff in person)

2 Lawyer Road

Cape Town, 8001

Email: [email protected]

Tel: 021 000000

To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT

HIGH COURT

CAPE TOWN

And to:    JANE LAWYER

(Defendant)

2 Lawyer Road

CAPE TOWN

____________________O0O___________________

PLAINTIFF’S PARTICULARS OF CLAIM

1. The Plaintiff and the Defendant are as described on the face of the Summons.
2. The Defendant and the Plaintiff are domiciled within the area of jurisdiction of this Honourable Court.
3. On 01 January 20___, at Cape Town, Western Cape, the Parties were married to each other In Community of Property and Profit or loss. The marriage still so subsists.
4. Kindly find attached a copy of their marriage certificate marked “A”.
5. There are no minor children born from the marriage.
6. Plaintiff avers that by virtue of the following facts and circumstances the marriage relationship between the Parties has broken down irretrievably and that there is no reasonable prospect for the restoration thereof in that:
   • There is no love and affection; and
   • The Plaintiff no longer wish to be married to the Defendant.

WHEREFORE PLAINTIFF PRAYS FOR:

1. A Decree of Divorce;
2. Equal Division of the Joint Estate;
3. Costs, only in the event this action is defended; and
4. Further and / or alternative relief.

DATE AT CAPE TOWN ON THIS ____ DAY OF _________ 2021.

I AM MY OWN LAYWYER

_____________________

Per.: John Lawyer

(Plaintiff in person)

2 Lawyer Road

Cape Town, 8001

Email: [email protected]

Tel: 021 000000

To:           THE HONOURABLE REGISTRAR OF THE WESTERN CAPE HIGH COURT

HIGH COURT

CAPE TOWN

And to:    JANE LAWYER

(Defendant)

2 Lawyer Road

CAPE TOWN

_____________________O0O___________________