CIV3701 Assignment 1 2025 - Distinction Guaranteed _ UNISA

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
crossexamination. Where disputes of fact exist on material issues, the correct
procedure is to use action proceedings (summons), which allow for oral testimony and
crossexamination.1



1Geldenhuys 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.