[Date]
CIV3701 Assignment
1 Semester 2 2024 -
DUE 25 August 2024
QUESTIONS WITH COMPLETE ANSWERS
, CIV3701 Assignment 1 Semester 2 2024 - DUE 25 August 2024
QUESTION 1
X has a claim against Z in the amount of R600 000 based on breach of contract
which occurred in Cape Town. X is an incola of Cape Town and Z is an incola of
Pretoria. With these facts in mind, answer the following questions. Give full
reasons for your answers.
(a) Explain why it will be inappropriate for X to use an ordinary application to
institute proceedings against Z. (2)
(b) Explain why X can institute proceedings against Z in the Cape Town High
Court. (2)
(c) Would your answer to (b) above differ if Z was a foreign peregrinus of the
Republic? (4)
(d) Would your answer to (b) above differ if the claim related to the registration of
fixed property, and the property was situated in Johannesburg? (2) [10]
QUESTION 2
J and T are married to each other and are domiciled in Lesotho. After having been
married to each other for a period of 8 years, J wishes to divorce his wife, T. At the
time of the institution of the divorce proceedings, J had been living in Pretoria for
ten months. With these facts in mind, answer the following questions. Give full
reasons for your answers.
(a) Will the Pretoria High Court, have jurisdiction to hear the action for divorce?
(3)
CIV3701 Assignment
1 Semester 2 2024 -
DUE 25 August 2024
QUESTIONS WITH COMPLETE ANSWERS
, CIV3701 Assignment 1 Semester 2 2024 - DUE 25 August 2024
QUESTION 1
X has a claim against Z in the amount of R600 000 based on breach of contract
which occurred in Cape Town. X is an incola of Cape Town and Z is an incola of
Pretoria. With these facts in mind, answer the following questions. Give full
reasons for your answers.
(a) Explain why it will be inappropriate for X to use an ordinary application to
institute proceedings against Z. (2)
(b) Explain why X can institute proceedings against Z in the Cape Town High
Court. (2)
(c) Would your answer to (b) above differ if Z was a foreign peregrinus of the
Republic? (4)
(d) Would your answer to (b) above differ if the claim related to the registration of
fixed property, and the property was situated in Johannesburg? (2) [10]
QUESTION 2
J and T are married to each other and are domiciled in Lesotho. After having been
married to each other for a period of 8 years, J wishes to divorce his wife, T. At the
time of the institution of the divorce proceedings, J had been living in Pretoria for
ten months. With these facts in mind, answer the following questions. Give full
reasons for your answers.
(a) Will the Pretoria High Court, have jurisdiction to hear the action for divorce?
(3)
