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Civ3701 Assignment 1 Memo - Semester 2 - 2025 Unisa – Due Date: - 21 August 2025 (Detailed Answers With Footnotes And A Bibliography - Distinction Guaranteed!)

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CIV3701 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2025 UNISA – DUE DATE: - 21 AUGUST 2025 (DETAILED ANSWERS WITH FOOTNOTES AND A BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 P has a claim against Y in the amount of R700 000 based on breach of contract which occurred in Bloemfontein. P is an incola of Bloemfontein and Y is an incola of Johannesburg. With these facts in mind, answer the following questions. Give full reasons for your answers. (a) Explain why it will be inappropriate for P to use an ordinary application to institute proceedings against Y. (2) (b) Explain why P can institute proceedings against Y in the Bloemfontein High Court. (2) (c) Would your answer to (b) above differ if Y 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 Pretoria? (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) (b) If J decides to issue summons against T, explain how the summons will be served on T, who remained in Lesotho. (2) [5] QUESTION 3 B and C are involved in a motor vehicle collision in Durban. B suffers damages to his vehicle in the amount of R100 000, as well as damages due to bodily injury in the amount of R300 000. C resides in Benoni, whilst B resides in Cape Town. B issues summons against C. Answer the following questions. (a) Name the correct type of summons that B may use to commence the proceedings and give the reason for your answer. (2) (b) Will the magistrates' court situated in Durban have jurisdiction to hear the action instituted by B against C? Fully explain. (3) (c) Shortly after C delivers his plea on the merits, B requests C in terms of magistrates' courts rule 23 to make discovery of all documents and tape recordings in C's possession. Explain fully why C may not do so at this stage. (2) (d) C successfully defends the case brought by B, and is awarded party-and party costs. The attorney-and-client costs between B and his attorney amount to R12 000. The taxed party- and party costs amount to R15 000. You are B's attorney. Fully explain to B whether he is liable for either, or both, these amounts.

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CIV3701
Civil Procedure



ASSIGNMENT 1
MEMO + FREE EXAMPACK/
NOTES BOOKLET
SEMESTER 2 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 21 AUGUST 2025
Footnotes/Bibliography included


ASSIGNMENT PREVIEW
QUESTION 1
P has a claim against Y in the amount of R700 000 based on breach of contract which occurred in
Bloemfontein. P is an incola of Bloemfontein and Y is an incola of Johannesburg. With these facts in
mind, answer the following questions. Give full reasons for your answers.
(a) Explain why it will be inappropriate for P to use an ordinary application to institute proceedings
against Y. (2)
(b) Explain why P can institute proceedings against Y in the Bloemfontein High Court. (2)

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, QUESTION 1


P has a claim against Y in the amount of R700 000 based on breach of contract which
occurred in Bloemfontein. P is an incola of Bloemfontein and Y is an incola of
Johannesburg. With these facts in mind, answer the following questions. Give full
reasons for your answers.
(a) Explain why it will be inappropriate for P to use an ordinary application to institute
proceedings against Y. (2)
(b) Explain why P can institute proceedings against Y in the Bloemfontein High Court. (2)
(c) Would your answer to (b) above differ if Y 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 Pretoria? (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)
(b) If J decides to issue summons against T, explain how the summons will be served on
T, who remained in Lesotho. (2)
[5]


QUESTION 3


B and C are involved in a motor vehicle collision in Durban. B suffers damages to his
vehicle in the amount of R100 000, as well as damages due to bodily injury in the amount
of R300 000. C resides in Benoni, whilst B resides in Cape Town. B issues summons
against C. Answer the following questions.

Connected book
 image
Roshana Kelbrick, Fawzia Cassim Civil Procedure in South Africa
Publisher: 2021 ISBN: 9789403540634 Edition: Unknown

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