CIV3701
Assignment 1
Semester 2 2023
, Contents
Question 1...................................................................................................3
(a) Briefly discuss an application to set aside irregular proceeding..........3
(b)Clarify the concept of a "liquid document" in relation to provisional
sentence summons.
5
Question 2...................................................................................................5
(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
5
(i) Name the type of application that J must use in order to prevent K
from publishing the photographs.
5
(ii)Name the affidavits that must be exchanged between the parties.. 5
(iii) Name the procedure that J may use if K’s affidavit contains
inadmissible evidence
6
(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?
6
(i) Will the KwaZulu-Natal Local Division, Durban have jurisdiction on
the matter?
6
(ii) Does Y have a choice to institute the proceeding in a regional or
district magistrates’ court?
7
Question 3...................................................................................................8
, (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
1
Assignment 1
Semester 2 2023
, Contents
Question 1...................................................................................................3
(a) Briefly discuss an application to set aside irregular proceeding..........3
(b)Clarify the concept of a "liquid document" in relation to provisional
sentence summons.
5
Question 2...................................................................................................5
(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
5
(i) Name the type of application that J must use in order to prevent K
from publishing the photographs.
5
(ii)Name the affidavits that must be exchanged between the parties.. 5
(iii) Name the procedure that J may use if K’s affidavit contains
inadmissible evidence
6
(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?
6
(i) Will the KwaZulu-Natal Local Division, Durban have jurisdiction on
the matter?
6
(ii) Does Y have a choice to institute the proceeding in a regional or
district magistrates’ court?
7
Question 3...................................................................................................8
, (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
1
