CIV3701 ASSIGNMENT 1 OF SEMESTER 1
2023
UNIQUE CODE: 866064
, CIV3701-ASSIGNMENT 1 Semester 1 2023
QUESTION 1
(a) Briefly discuss the ex parte application in magistrate’s court. (4)
(b) Discuss the ways in which evidence may be placed before the trial court. (4)
[8]
QUESTION 2
(a) X and Y are involved in a motor collision, which is due solely to the
negligence of Y. The motor collision occurs in Johannesburg. Y lives in
Pretoria. X wants to sue Y for R500 000.With these facts in mind,
answer the following questions. Give full reasons for your answers.
(i) May X institute proceedings for damages against Y in the South Gauteng
Local Division, Johannesburg? (2)
(ii) Explain whether North Gauteng Division, Pretoria competent to exercise
jurisdiction? (2)
(iii) Is the attachment of the defendant’s property a prerequisite for the exercise
of jurisdiction? (2) [6]
QUESTION 3
(a) B issues summons against C for R400 000 for defamation. Answer
the following questions.
(i) Name the procedure that must follow if B issues a simple summons against C.
(1)
(ii) Discuss briefly the time period within which C must institute the procedure
referred to in (i) above. (3)
(iii) Name the pleading that B should file if B is of the opinion that C’s plea on
the merits does not disclose a defence. (1)
(iv) Name the correct type of summons that B should have used to institute the
action and give the reason for your answer. (2)
(b) You represent the defendant. The plaintiff serves a summons on your
client. You read through the summons and notice that it contains
averments that are so vague that you are unable to prepare a plea on
the merits on behalf of your client. With these facts in mind, explain the
procedure that must be used. (4)
(c) Briefly discuss the difference between attorney-and-client costs and party-
and-party costs. (5) [16]
TOTAL 30
2023
UNIQUE CODE: 866064
, CIV3701-ASSIGNMENT 1 Semester 1 2023
QUESTION 1
(a) Briefly discuss the ex parte application in magistrate’s court. (4)
(b) Discuss the ways in which evidence may be placed before the trial court. (4)
[8]
QUESTION 2
(a) X and Y are involved in a motor collision, which is due solely to the
negligence of Y. The motor collision occurs in Johannesburg. Y lives in
Pretoria. X wants to sue Y for R500 000.With these facts in mind,
answer the following questions. Give full reasons for your answers.
(i) May X institute proceedings for damages against Y in the South Gauteng
Local Division, Johannesburg? (2)
(ii) Explain whether North Gauteng Division, Pretoria competent to exercise
jurisdiction? (2)
(iii) Is the attachment of the defendant’s property a prerequisite for the exercise
of jurisdiction? (2) [6]
QUESTION 3
(a) B issues summons against C for R400 000 for defamation. Answer
the following questions.
(i) Name the procedure that must follow if B issues a simple summons against C.
(1)
(ii) Discuss briefly the time period within which C must institute the procedure
referred to in (i) above. (3)
(iii) Name the pleading that B should file if B is of the opinion that C’s plea on
the merits does not disclose a defence. (1)
(iv) Name the correct type of summons that B should have used to institute the
action and give the reason for your answer. (2)
(b) You represent the defendant. The plaintiff serves a summons on your
client. You read through the summons and notice that it contains
averments that are so vague that you are unable to prepare a plea on
the merits on behalf of your client. With these facts in mind, explain the
procedure that must be used. (4)
(c) Briefly discuss the difference between attorney-and-client costs and party-
and-party costs. (5) [16]
TOTAL 30
