CIV3701 Exam - 25 February
2020-2021-2022
civ3701 assignment 1 semester 2
2020 - 2021 - 2022
Exam answers
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, lOMoARcPSD|10935195
INTRODUCTORY STUDIES
QUESTION 1
a) Pleading is a written document containing declarations of the parties to an action
in which material facts they rely on to support their claims or defense are clearly
set out to enable the opponent to plead thereto and which is exchanged between
the parties .
Process is a series of steps in legal proceedings which can only be taken by the
aid of the court or an officer of the court .The concept includes subpoena , notices
etc
b) “ Dispute of fact “ arises when ,
• The respondent denies the material allegations made on the applicants behalf
• The respondent admits the allegations but disputes certain facts in the application
• The responded states he/she has no knowledge of the main facts states by the
applicant , but denies the fact (this turns the onus on the applicant as the common
rule states “he who alleges must prove “ ) The applicant must then prove that the
defendant is untruthful and unreliable .
c) “ Whole cause of action “ The terms is given a restricted meaning in regard to
the exercise of jurisdiction by a magistrates court . In the High Court either the
conclusion of a contract , performance or its breach would be sufficient cause of
action to exercise jurisdiction . The magistrate court the whole cause of action must
have risen within the district concerned or in question . (eg the conclusion, breach
and performance ) .
d) Yes , In the event that a party is not satisfied with the outcome of a matter in a
lower court Section 83 of the Magistrates court Act 32 of 1944 states that a party
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2020-2021-2022
civ3701 assignment 1 semester 2
2020 - 2021 - 2022
Exam answers
RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
, lOMoARcPSD|10935195
INTRODUCTORY STUDIES
QUESTION 1
a) Pleading is a written document containing declarations of the parties to an action
in which material facts they rely on to support their claims or defense are clearly
set out to enable the opponent to plead thereto and which is exchanged between
the parties .
Process is a series of steps in legal proceedings which can only be taken by the
aid of the court or an officer of the court .The concept includes subpoena , notices
etc
b) “ Dispute of fact “ arises when ,
• The respondent denies the material allegations made on the applicants behalf
• The respondent admits the allegations but disputes certain facts in the application
• The responded states he/she has no knowledge of the main facts states by the
applicant , but denies the fact (this turns the onus on the applicant as the common
rule states “he who alleges must prove “ ) The applicant must then prove that the
defendant is untruthful and unreliable .
c) “ Whole cause of action “ The terms is given a restricted meaning in regard to
the exercise of jurisdiction by a magistrates court . In the High Court either the
conclusion of a contract , performance or its breach would be sufficient cause of
action to exercise jurisdiction . The magistrate court the whole cause of action must
have risen within the district concerned or in question . (eg the conclusion, breach
and performance ) .
d) Yes , In the event that a party is not satisfied with the outcome of a matter in a
lower court Section 83 of the Magistrates court Act 32 of 1944 states that a party
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