, CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026
– DUE 26 March 2026 ;100% trusted ,comprehensive and complete
reliable solution with clear explanation
QUESTION 1
(a) Briefly discuss the distinction between local peregrinus and
foreign peregrinus. (2)
In civil procedure, the terms local peregrinus and foreign peregrinus
refer to parties who are not ordinarily resident within the area of
jurisdiction of the court, but with an important distinction regarding
whether they are within or outside South Africa.
A local peregrinus is a person who resides or is domiciled within South
Africa but outside the specific territorial jurisdiction of the court where
the case is being brought. Although the person is within the country, the
court may require special consideration regarding jurisdiction, such as
providing security for costs, to protect the opposing party from
unnecessary legal expense if the case is unsuccessful.
A foreign peregrinus, in contrast, is a person who resides or is
domiciled outside South Africa. Because the person is not within the
national borders, South African courts face additional procedural and
jurisdictional considerations when suing them. For example, serving
process on a foreign peregrinus may involve international law or treaties,
and the court may require security for costs before allowing the case to
proceed.
The distinction between local and foreign peregrinus is important
because it affects where a case may be instituted, which court has
jurisdiction, and whether security for costs is required to protect the
plaintiff.
– DUE 26 March 2026 ;100% trusted ,comprehensive and complete
reliable solution with clear explanation
QUESTION 1
(a) Briefly discuss the distinction between local peregrinus and
foreign peregrinus. (2)
In civil procedure, the terms local peregrinus and foreign peregrinus
refer to parties who are not ordinarily resident within the area of
jurisdiction of the court, but with an important distinction regarding
whether they are within or outside South Africa.
A local peregrinus is a person who resides or is domiciled within South
Africa but outside the specific territorial jurisdiction of the court where
the case is being brought. Although the person is within the country, the
court may require special consideration regarding jurisdiction, such as
providing security for costs, to protect the opposing party from
unnecessary legal expense if the case is unsuccessful.
A foreign peregrinus, in contrast, is a person who resides or is
domiciled outside South Africa. Because the person is not within the
national borders, South African courts face additional procedural and
jurisdictional considerations when suing them. For example, serving
process on a foreign peregrinus may involve international law or treaties,
and the court may require security for costs before allowing the case to
proceed.
The distinction between local and foreign peregrinus is important
because it affects where a case may be instituted, which court has
jurisdiction, and whether security for costs is required to protect the
plaintiff.
