CIV3701 Assignment 01 ANSWERS Semester 2, 2025.

CIV3701 – University of South Africa (UNISA) – Semester 2 2025 – Civil Procedure Assignment 01 Answers and Explanations Description: This document contains comprehensive model answers for Assignment 01 of the CIV3701 Civil Procedure course at UNISA, Semester 2, 2025. It addresses key legal questions relating to jurisdiction, forms of action, service of process, divorce court requirements, and cost liability. All answers are written in academic legal style with clear references to statutory provisions and case-based reasoning. Ideal for exam preparation and portfolio development. Keywords: civil procedure jurisdiction motion proceedings action proceedings High Court Magistrates’ Court divorce jurisdiction edictal citation combined summons party-and-party costs attorney-and-client costs South African law 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. (3)