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CIV3701 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED) – DUE DATE: - 4 AUGUST 2023

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CIV3701 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED) – DUE DATE: - 4 AUGUST 2023 UNIQUE NUMBER: - CIV-S2 ASSIGNMENT 1 Question 1 (a) Briefly discuss an application to set aside irregular proceeding. (6) (b) Explain the meaning of the term “liquid document” for the purposes of provisional sentence summons. (4) [10] HIGH COURT JURISDICTION AND PROCEDURE Question 2 (a) J who is a politician learns that K, who is a journalist for Sunday Times newspaper, is in possession of J’s photos in a very compromising situation and is about to publish them on the same newspaper the following day. With these fact in mind answer the following questions: (i) Name the type of application that J must use in order to prevent K from publishing the photographs. (1) (ii) Name the affidavits that must be exchanged between the parties. (3) (iii) Name the procedure that J may use if K’s affidavit contains inadmissible evidence. (1) (b) X and Y have been married to each other for two (2) years. They both reside in Botswana. Y is sent to Durban for employment. Whilst in Durban for 8 months, Y decides to divorce X. With these facts in mind answer the following questions: (i) Will the KwaZulu-Natal Local Division, Durban have jurisdiction on the matter? (3) (ii) Does Y have a choice to institute the proceeding in a regional or district magistrates’ court? (2) [10] Question 3 (a) X enters into a contract with Y in Pretoria. In terms of the contract, Y will build a house for X in Soweto. X pays Y R400 000 for the project. Y resides in Krugersdorp. Y fails to finish building the house and refuses to do so. X wants Y to finish the house. Will any magistrate’s court mentioned herein be competent to force X to finish building the house? (5) (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 amount. (5) [10] TOTAL [30]

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CIV3701
CIVIL PROCEDURE

ASSIGNMENT 1
SEMESTER 2 – 2023
UNIQUE NUMBER: - 866187
DUE DATE: - 04TH AUGUST 2023
Includes Footnotes and/or Bibliography*

QUESTION 1



a) An interlocutory application.
Where the party has taken an irregular step during the course of litigation, Rule 30
provides the other party with a mechanism by means of which the irregularity may be set
aside or dealt with. Rule 30(2) states that an application to set aside an irregular
proceeding shall be on notice to all the parties specifying the particulars of the irregularity
and made only if:
1. the applicant himself has not taken a further step with knowledge of the irregularity
2. The applicant has within 10 days of becoming aware of the step by giving notice to his
opponent a chance to remove the complaint within 10 days and application was delivered
within 15 days.
ANSWER CONTINUES…




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