CIV3701 Assignment 1 (FULL ANSWERS) Semester 2 2025 - Due 21 August 2025

CIV3701
ASSIGNMENT 1 2025
DUE 21 AUGUST 2025

, CIV3701 ASSIGNMENT 1 2025

SEMESTER 2 2025

DUE: 21 AUGUST 2025



QUESTION 1

P has a claim against Yin the amount of R700 000 based on breach of contract which
occurred in Bloemfontein. Pis an incola of Bloemfontein and Y is an incola of
Johannesburg. With these facts in mind, answer the following questions.



(a) Explain why it will be inappropriate for P to use an ordinary application to
institute proceedings against Y.



In terms of the Uniform Rules of Court, it will be inappropriate for P to use an ordinary
application to institute proceedings against Y because the matter is likely to involve a
real dispute of fact, which would require oral evidence to resolve. Ordinary applications
are intended for cases that can be decided on affidavit evidence alone, without cross-
examination. Where disputes of fact exist on material issues, the correct procedure is to
use action proceedings (summons), which allow for oral testimony and cross-
examination.1


1 Geldenhuys T and others, Criminal Procedure Handbook (12th edn, Juta 2017) 44.




(b) Explain why P can institute proceedings against Y in the Bloemfontein High
Court.