[Company name]
CIV3701
Assignment 1
Semester 2 2024 -
DUE 25 August
2024
QUESTIONS WITH DETAILED 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.
CIV3701
Assignment 1
Semester 2 2024 -
DUE 25 August
2024
QUESTIONS WITH DETAILED 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.
