CIV3701 Assignment 1
Semester 2 2024 - DUE
25 August 2024
[Company address]
, 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)
Semester 2 2024 - DUE
25 August 2024
[Company address]
, 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)
