CIV3701 Assignment 1 (QUALITY ANSWERS) Semester 2 2024

This document contains workings, explanations and solutions to the CIV3701 Assignment 1 (QUALITY ANSWERS) Semester 2 2024. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4.... QUESTION 1 X has a claim against Z in the amount of R600 000 based on breach of contract which occurred in Cape Town. X is an incola of Cape Town and Z is an incola of Pretoria. With these facts in mind, answer the following questions. Give full reasons for your answers. (a) Explain why it will be inappropriate for X to use an ordinary application to institute proceedings against Z. (2) (b) Explain why X can institute proceedings against Z in the Cape Town High Court. (2) (c) Would your answer to (b) above differ if Z 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 Johannesburg? (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. With these facts in mind, answer the following questions. Give full reasons for your answers. (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) [10]