CIV3701 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

CIV3701 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ............ QUESTION 1 (a) Briefly explain in general terms in what respect has the Constitution, 1996 affected the Law of Civil Procedure in South Africa. (2) (b) Briefly explain in what respects the small claims courts have been made more accessible and user-friendly to litigants than other courts. (3) [5] HIGH COURT JURISDICTION AND PROCEDURE QUESTION 2 (a) An action for damages for breach of contract that occurred in Johannesburg is instituted in the Johannesburg High Court. The plaintiff is an incola of the court, and the defendant is an American businessman resident and domiciled in America. The defendant owns a flat in Johannesburg. Answer the following question and give full reasons for your answer. (i) Will the plaintiff succeed with an application for the attachment of the defendant’s property in the Johannesburg High Court? (4) (b) Lerato passed her attorneys’ admission examination, and her contract as a candidate attorney has expired. She wishes to apply for the admission and enrolment as a legal practitioner. With these facts in mind, answer the following questions. (i) What factors must be considered when determining the correct type of application that must be used? (2) (ii) In the light of the factors, explain the type of application that Lerato may lodge. (2) (iii) Name the documents that comprise the type of application identified in (ii) above. (2) [10] MAGISTRATES’ COURTS JURISDICTION AND PROCEDURE QUESTION 3 (a) Q is a landlord, and Z is his tenant. Z is in arrears with his rent. Q issues summons against Z for the arrear rent. With regards to these facts, determine, giving full reasons for each answer‒ (i) what the letter of demand sent to Z by Q would generally seek to achieve. (1) (ii) the form of service of summons if Z vacates the property in the dead of night without leaving a forwarding address, but is believed to be living somewhere in the same province. (2) (ii) whether it is necessary for Q’s attorney to file a power of attorney with the court when instituting proceedings on Q’s behalf. (2) (b) Write a concise note explaining, with reference to case law, what the phrase “specific performance” means within the context of section 46(2)(c) of the Magistrates’ Courts Act 32 of 1944 which prevents magistrates’ courts from making orders for specific performance. (5)