Exam (elaborations) CIV 3701 CIVIL
PROCEDURE - ( CIV3701) - 2020 LATEST
REVISION EXAM PACK A MUST HAVE
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CIV 3701
CIVIL
PROCEDURE
LATEST COMPLETE
REVISION EXAM STUDY
PACK
2020
CIVIL PROCEDURE
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CIV3701
CIVIL
PROCEDURE
2020 EXAM PACK
Consists of
1. All assignments with the Memos
from 2017 up until the last
assignment of Semester 1 - 2020
2. Case Studies
3. Mock Examination Paper with
Memo
4. Longer Questions and Answers
from the previous years exam
papers
5. Civil Procedure notes already
summarised for you
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2020 – SEMESTER 1 – ASSIGNMENTS WITH MEM0S
QUESTION 1
Peter is domiciled in Pretoria. While on a holiday in Durban, Peter is involved in a motor
vehicle accident with Portia who failed to stop at a stop street. Portia is domiciled in
Johannesburg and owns a flat in Cape Town. Peter suffered damages to this vehicle due
to the collision in the amount of R500 000.
Bear these facts in mind and answer the following questions. Give full reasons for each
answer.
(a) May Peter institute proceedings for damages against Portia in the Johannesburg
High Court? (2)
When a defendant is domiciled or resident within the Republic, he or she is an
incola of the Republic, and the court where the defendant is domiciled, or resident
will have jurisdiction to hear the matter based on the principle actor sequitur forum
rei. In this instance, the defendant is domiciled in Johannesburg and therefore, the
Johannesburg court will have jurisdiction ratione domicilii. (See study guide unit 6.1
and 8.2.)
(b) May Peter institute proceedings for damages against Portia in the Durban High
Court? (1)
Under common law, a court will be vested with jurisdiction in respect of monetary
claims ratione rei gestae if the delict on which the claim is based was committed
within a court’s area of jurisdiction. On the given facts, the delict (a motor vehicle
accident) occurred in Durban, and Peter may thus institute proceedings. The
Durban court will have jurisdiction ratione delicti commissi. (See study guide unit
6.1.) (1)
(c) May Peter institute proceedings for damages against Portia in the Cape Town High
Court? (2)
Where a defendant is neither domiciled, nor resident in the jurisdictional area of the court
concerned, such defendant is a peregrinus of that particular court, but because he or she is
still domiciled or resident somewhere in the Republic, such defendant is termed a local
peregrinus, and the usual common-law jurisdiction principles still apply. On the given facts,
Peter may not institute action in the Cape Town High Court, as there is no jurisdictional nexus
to the court (the defendant is neither domiciled, nor resident in Cape Town and the cause of
action did not arise within the court’s area of jurisdiction). The mere fact that Portia’s property
is situated in the court’s area of jurisdiction provides no nexus, as the claim is one sou nding
in money, and not a property claim. (See study guide unit 8.3.)
(d) Will the Pretoria High Court be competent to exercise jurisdiction if, on the same
facts, Portia is now an American citizen who is domiciled in New York and the flat is
situated in Pretoria? (4)
Where a defendant is neither domiciled nor resident within the borders of the
Republic, such defendant is a foreign peregrinus. In instances where the
defendant is a peregrinus of the whole Republic, a court will assume jurisdiction
only if attachment of the defendant’s property occurs. One such form of
attachment is when the plaintiff is an incola of the court concerned and
attachment of the defendant’s property has taken place (this is known as
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PROCEDURE - ( CIV3701) - 2020 LATEST
REVISION EXAM PACK A MUST HAVE
written by
smartGRADUATE
www.stuvia.com
Downloaded by: smartGRADUATE |
Distribution of this document is illegal
,Stuvia.com - The Marketplace to Buy and Sell your Study Material
CIV 3701
CIVIL
PROCEDURE
LATEST COMPLETE
REVISION EXAM STUDY
PACK
2020
CIVIL PROCEDURE
Downloaded by: smartGRADUATE |
Distribution of this document is illegal
1
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
CIV3701
CIVIL
PROCEDURE
2020 EXAM PACK
Consists of
1. All assignments with the Memos
from 2017 up until the last
assignment of Semester 1 - 2020
2. Case Studies
3. Mock Examination Paper with
Memo
4. Longer Questions and Answers
from the previous years exam
papers
5. Civil Procedure notes already
summarised for you
Downloaded by: smartGRADUATE |
Distribution of this document is illegal
2
, Stuvia.com - The Marketplace to Buy and Sell your Study Material
2020 – SEMESTER 1 – ASSIGNMENTS WITH MEM0S
QUESTION 1
Peter is domiciled in Pretoria. While on a holiday in Durban, Peter is involved in a motor
vehicle accident with Portia who failed to stop at a stop street. Portia is domiciled in
Johannesburg and owns a flat in Cape Town. Peter suffered damages to this vehicle due
to the collision in the amount of R500 000.
Bear these facts in mind and answer the following questions. Give full reasons for each
answer.
(a) May Peter institute proceedings for damages against Portia in the Johannesburg
High Court? (2)
When a defendant is domiciled or resident within the Republic, he or she is an
incola of the Republic, and the court where the defendant is domiciled, or resident
will have jurisdiction to hear the matter based on the principle actor sequitur forum
rei. In this instance, the defendant is domiciled in Johannesburg and therefore, the
Johannesburg court will have jurisdiction ratione domicilii. (See study guide unit 6.1
and 8.2.)
(b) May Peter institute proceedings for damages against Portia in the Durban High
Court? (1)
Under common law, a court will be vested with jurisdiction in respect of monetary
claims ratione rei gestae if the delict on which the claim is based was committed
within a court’s area of jurisdiction. On the given facts, the delict (a motor vehicle
accident) occurred in Durban, and Peter may thus institute proceedings. The
Durban court will have jurisdiction ratione delicti commissi. (See study guide unit
6.1.) (1)
(c) May Peter institute proceedings for damages against Portia in the Cape Town High
Court? (2)
Where a defendant is neither domiciled, nor resident in the jurisdictional area of the court
concerned, such defendant is a peregrinus of that particular court, but because he or she is
still domiciled or resident somewhere in the Republic, such defendant is termed a local
peregrinus, and the usual common-law jurisdiction principles still apply. On the given facts,
Peter may not institute action in the Cape Town High Court, as there is no jurisdictional nexus
to the court (the defendant is neither domiciled, nor resident in Cape Town and the cause of
action did not arise within the court’s area of jurisdiction). The mere fact that Portia’s property
is situated in the court’s area of jurisdiction provides no nexus, as the claim is one sou nding
in money, and not a property claim. (See study guide unit 8.3.)
(d) Will the Pretoria High Court be competent to exercise jurisdiction if, on the same
facts, Portia is now an American citizen who is domiciled in New York and the flat is
situated in Pretoria? (4)
Where a defendant is neither domiciled nor resident within the borders of the
Republic, such defendant is a foreign peregrinus. In instances where the
defendant is a peregrinus of the whole Republic, a court will assume jurisdiction
only if attachment of the defendant’s property occurs. One such form of
attachment is when the plaintiff is an incola of the court concerned and
attachment of the defendant’s property has taken place (this is known as
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