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CIV3701
Civil Procedure
ASSIGNMENT 1
MEMO + FREE EXAMPACK/
NOTES BOOKLET
SEMESTER 2 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 21 AUGUST 2025
Footnotes/Bibliography included
ASSIGNMENT PREVIEW
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)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations or
warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this document
may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. – LLB EXAMPACKS
& TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 062 810 8624 Email:
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, 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.
SELLING” memos for the year 2024.
CIV3701
Civil Procedure
ASSIGNMENT 1
MEMO + FREE EXAMPACK/
NOTES BOOKLET
SEMESTER 2 – 2025 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 21 AUGUST 2025
Footnotes/Bibliography included
ASSIGNMENT PREVIEW
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)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations or
warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this document
may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. – LLB EXAMPACKS
& TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 062 810 8624 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, 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.
