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2017 – CIVIL PROCEDURE EXAM PREP SEMESTER 2
CIP3701 2013 ASSIGNMENTS
QUESTION 1
As N’s landlord, M wishes to evict N from industrial premises that N rents in terms of a contract of lease. The
exact nature of the claim that M will have against N is
Indicate the most accurate statement.
(1) an illiquid claim
(2) a liquid claim.
(3) a debt or liquidated demand
(4) an unliquidated claim.
QUESTION 2
The facts in Question 1 remain the same. In order to commence proceedings, M must issue one of the
following summonses:
Indicate the most accurate statement.
(1) an illiquid summons
(2) a liquid summons
(3) a combined summons
(4) a simple summons.
QUESTION 3
Indicate the most accurate statement:
(1) Application proceedings may be instituted by way of the ex parte application, the “ordinary application”
and the urgent application.
(2) If a party wishes to oppose an application, he or she must deliver a notice of intention to defend within the
dies induciae.
(3) The purpose of a special power of attorney essentially is to define the extent of an attorney’s mandate.
(4) Any indigent person may approach the registrar of his or her local High Court for free legal services in terms
of Uniform Rule 40.
QUESTION 4
Indicate the most accurate statement:
(1) A party who fails to timeously deliver a notice of intention to defend, is automatically barred.
(2) A party who fails to timeously deliver a declaration and who despite having received a notice of bar,
persists in such failure, is in default as well as barred.
(3) To enable a defendant to deliver her plea on the merits, she can request further particulars from the
plaintiff in terms of Uniform Rule 21(2).
(4) The objective of the pre-trial conference in terms of Uniform Rule 37 is to facilitate a settlement between
the parties.
QUESTION 5
Indicate the most accurate statement.
(1) An offer to settle in terms of Rule 34 of the Uniform Rules of Court can be used in both summons and
application proceedings.
(2) A judgment can only be delivered at the end of the litigation process, in other words, at the end of a trial,
because the court is only competent to deliver a judgment after hearing and properly considering the
evidence.
(3) If a party intends instituting an action and a document which forms a vital part of the claim is in the
possession of a party who is to become the defendant in such an action, the prospective plaintiff can require
the prospective defendant to make discovery thereof in terms of Rule 35 of the Uniform Rules of Court.
(4) Only viva voce evidence can be given by witnesses in open court.
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QUESTION 6
Indicate the most accurate statement.
(1) Only two types of summonses are found in the magistrates’ courts, namely the simple summons and the
provisional sentence summons.
(2) In the magistrate’s court it is unnecessary for a plaintiff to aver in a summons that a particular court has
jurisdiction to hear a particular matter.
(3) Payment into court in terms of Rule 18 of the magistrates’ courts rules, and tender, are methods for
settling any claim in the magistrate’s court.
(4) The grounds for exception in the magistrate’s court are essentially the same as those that apply in the High
Court.
QUESTION 7
Indicate the most accurate statement.
(1) The replication is the final pleading that can be exchanged in the magistrates’ courts.
(2) The defendant in the magistrates’ courts has an option of paying into court to ward off a summary
judgment application.
(3) Rule 19 of the magistrates’ courts rules provides that an exception can be used in both summons
proceedings and application proceedings.
(4) The plaintiff’s summons must contain a reference to section 26(1) of the Constitution in instances where he
or she seeks an order for immovable property on which the defendant lives to be declared executable in the
magistrates’ courts.
QUESTION 8
Indicate the most accurate statement.
(1) A combined summons is preferred to the simple summons in matters relating to the National Credit Act 34
of 2005, as the National Credit Act requires many averments to show compliance.
(2) The effect of an order for the absolution of the instance is that the matter is considered res iudicata.
(3) The National Credit Act 34 of 2005 requires the debt collection process to commence with either a simple
summons or a combined summons.
(4) The National Credit Act 34 of 2005 regulates consumer credit only in respect of goods sold and leased and
credit granted.
QUESTION 9
Indicate the most accurate statement.
(1) If a party in a civil action is dissatisfied with the judgment of the Supreme Court of Appeal, such party can
still appeal to the Constitutional Court.
(2) An appeal from a lower court is heard by a provincial division of the High Court in terms of section 83 of the
Magistrates’ Court Act 32 of 1944.
(3) Lower court proceedings are reviewed by way of the summons procedure.
(4) Both appeal and review must take place within a reasonable time.
QUESTION 10
Indicate the most accurate statement.
(1) The proceedings of all courts and quasi-judicial bodies are subject to review.
(2) A court hearing an appeal from a lower court, as in the case of a court of first instance, consists of a single
judge.
(3) A litigant who is dissatisfied with the outcome of a matter in a magistrate’s court always has one appeal as
of right.
(4) An application for leave to appeal to the Supreme Court of Appeal must be lodged in duplicate with the
Chief Justice.
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QUESTION 1
Indicate the most accurate statement.
(1) If a dispute arises over whether a summons was served on a particular party, such dispute can be resolved
by referring to the return of service of the sheriff.
(2) Leaving a copy of a summons at the defendant’s place of employment does not fulfil the stated
requirements for ordinary service.
(3) A combined summons is a unique document in the sense that the summons and the declaration are
inextricably linked.
(4) A notice of intention to defend is the first pleading which is exchanged between parties after service of the
summons on the defendant.
QUESTION 2
Indicate the most accurate statement:
X hands over a cheque to Y, as payment in terms of a contract. The bank returns the cheque to Y,
marked “refer to drawer”. Y now wishes to institute action against X because of this. Y can institute
the action in the following manner:
(1) by using only the provisional sentence summons
(2) by using only the simple summons
(3) by using the summary judgment procedure
(4) by using either the provisional sentence summons or the simple summons.
QUESTION 3
The plaintiff, A, claims payment from B in the amount of R500 000 in terms of an agreement in respect of
which the defendant, B, would be liable for such payment should Z fail to pay this amount. The plaintiff does
not aver in the particulars of claim that Z failed to pay the amount. The defendant may respond to this defect
in the pleading in the following manner:
Indicate the most accurate statement:
(1) The defendant can apply for the setting aside of the pleading as an irregular proceeding in terms of
Uniform Rule 30
(2) The defendant can deliver a special plea
(3) The defendant can raise an exception
(4) The defendant can apply for an amendment.
QUESTION 4
Indicate the most accurate statement:
(1) It is customary for the successful party to be awarded litigation costs on the attorney-andclient- scale.
(2) Expert evidence cannot be presented to court at will by the parties to an action.
(3) The mandamenten van spolie is an example of a mandatory interdict.
(4) If the activities of a night club which is situated within a residential area lead to a disturbance, action can be
taken against the owners of the club by applying for an order for perpetual silence.
QUESTION 5
You passed your attorneys’ admission examination and you wish to be admitted as an attorney. To accomplish
this, you need to approach the court by using –
Indicate the most accurate statement:
(1) an ordinary application
(2) either an ordinary application, or an ex parte application
(3) an ex parte application
(4) an interlocutory application.
2017 – CIVIL PROCEDURE EXAM PREP SEMESTER 2
CIP3701 2013 ASSIGNMENTS
QUESTION 1
As N’s landlord, M wishes to evict N from industrial premises that N rents in terms of a contract of lease. The
exact nature of the claim that M will have against N is
Indicate the most accurate statement.
(1) an illiquid claim
(2) a liquid claim.
(3) a debt or liquidated demand
(4) an unliquidated claim.
QUESTION 2
The facts in Question 1 remain the same. In order to commence proceedings, M must issue one of the
following summonses:
Indicate the most accurate statement.
(1) an illiquid summons
(2) a liquid summons
(3) a combined summons
(4) a simple summons.
QUESTION 3
Indicate the most accurate statement:
(1) Application proceedings may be instituted by way of the ex parte application, the “ordinary application”
and the urgent application.
(2) If a party wishes to oppose an application, he or she must deliver a notice of intention to defend within the
dies induciae.
(3) The purpose of a special power of attorney essentially is to define the extent of an attorney’s mandate.
(4) Any indigent person may approach the registrar of his or her local High Court for free legal services in terms
of Uniform Rule 40.
QUESTION 4
Indicate the most accurate statement:
(1) A party who fails to timeously deliver a notice of intention to defend, is automatically barred.
(2) A party who fails to timeously deliver a declaration and who despite having received a notice of bar,
persists in such failure, is in default as well as barred.
(3) To enable a defendant to deliver her plea on the merits, she can request further particulars from the
plaintiff in terms of Uniform Rule 21(2).
(4) The objective of the pre-trial conference in terms of Uniform Rule 37 is to facilitate a settlement between
the parties.
QUESTION 5
Indicate the most accurate statement.
(1) An offer to settle in terms of Rule 34 of the Uniform Rules of Court can be used in both summons and
application proceedings.
(2) A judgment can only be delivered at the end of the litigation process, in other words, at the end of a trial,
because the court is only competent to deliver a judgment after hearing and properly considering the
evidence.
(3) If a party intends instituting an action and a document which forms a vital part of the claim is in the
possession of a party who is to become the defendant in such an action, the prospective plaintiff can require
the prospective defendant to make discovery thereof in terms of Rule 35 of the Uniform Rules of Court.
(4) Only viva voce evidence can be given by witnesses in open court.
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QUESTION 6
Indicate the most accurate statement.
(1) Only two types of summonses are found in the magistrates’ courts, namely the simple summons and the
provisional sentence summons.
(2) In the magistrate’s court it is unnecessary for a plaintiff to aver in a summons that a particular court has
jurisdiction to hear a particular matter.
(3) Payment into court in terms of Rule 18 of the magistrates’ courts rules, and tender, are methods for
settling any claim in the magistrate’s court.
(4) The grounds for exception in the magistrate’s court are essentially the same as those that apply in the High
Court.
QUESTION 7
Indicate the most accurate statement.
(1) The replication is the final pleading that can be exchanged in the magistrates’ courts.
(2) The defendant in the magistrates’ courts has an option of paying into court to ward off a summary
judgment application.
(3) Rule 19 of the magistrates’ courts rules provides that an exception can be used in both summons
proceedings and application proceedings.
(4) The plaintiff’s summons must contain a reference to section 26(1) of the Constitution in instances where he
or she seeks an order for immovable property on which the defendant lives to be declared executable in the
magistrates’ courts.
QUESTION 8
Indicate the most accurate statement.
(1) A combined summons is preferred to the simple summons in matters relating to the National Credit Act 34
of 2005, as the National Credit Act requires many averments to show compliance.
(2) The effect of an order for the absolution of the instance is that the matter is considered res iudicata.
(3) The National Credit Act 34 of 2005 requires the debt collection process to commence with either a simple
summons or a combined summons.
(4) The National Credit Act 34 of 2005 regulates consumer credit only in respect of goods sold and leased and
credit granted.
QUESTION 9
Indicate the most accurate statement.
(1) If a party in a civil action is dissatisfied with the judgment of the Supreme Court of Appeal, such party can
still appeal to the Constitutional Court.
(2) An appeal from a lower court is heard by a provincial division of the High Court in terms of section 83 of the
Magistrates’ Court Act 32 of 1944.
(3) Lower court proceedings are reviewed by way of the summons procedure.
(4) Both appeal and review must take place within a reasonable time.
QUESTION 10
Indicate the most accurate statement.
(1) The proceedings of all courts and quasi-judicial bodies are subject to review.
(2) A court hearing an appeal from a lower court, as in the case of a court of first instance, consists of a single
judge.
(3) A litigant who is dissatisfied with the outcome of a matter in a magistrate’s court always has one appeal as
of right.
(4) An application for leave to appeal to the Supreme Court of Appeal must be lodged in duplicate with the
Chief Justice.
, 3
QUESTION 1
Indicate the most accurate statement.
(1) If a dispute arises over whether a summons was served on a particular party, such dispute can be resolved
by referring to the return of service of the sheriff.
(2) Leaving a copy of a summons at the defendant’s place of employment does not fulfil the stated
requirements for ordinary service.
(3) A combined summons is a unique document in the sense that the summons and the declaration are
inextricably linked.
(4) A notice of intention to defend is the first pleading which is exchanged between parties after service of the
summons on the defendant.
QUESTION 2
Indicate the most accurate statement:
X hands over a cheque to Y, as payment in terms of a contract. The bank returns the cheque to Y,
marked “refer to drawer”. Y now wishes to institute action against X because of this. Y can institute
the action in the following manner:
(1) by using only the provisional sentence summons
(2) by using only the simple summons
(3) by using the summary judgment procedure
(4) by using either the provisional sentence summons or the simple summons.
QUESTION 3
The plaintiff, A, claims payment from B in the amount of R500 000 in terms of an agreement in respect of
which the defendant, B, would be liable for such payment should Z fail to pay this amount. The plaintiff does
not aver in the particulars of claim that Z failed to pay the amount. The defendant may respond to this defect
in the pleading in the following manner:
Indicate the most accurate statement:
(1) The defendant can apply for the setting aside of the pleading as an irregular proceeding in terms of
Uniform Rule 30
(2) The defendant can deliver a special plea
(3) The defendant can raise an exception
(4) The defendant can apply for an amendment.
QUESTION 4
Indicate the most accurate statement:
(1) It is customary for the successful party to be awarded litigation costs on the attorney-andclient- scale.
(2) Expert evidence cannot be presented to court at will by the parties to an action.
(3) The mandamenten van spolie is an example of a mandatory interdict.
(4) If the activities of a night club which is situated within a residential area lead to a disturbance, action can be
taken against the owners of the club by applying for an order for perpetual silence.
QUESTION 5
You passed your attorneys’ admission examination and you wish to be admitted as an attorney. To accomplish
this, you need to approach the court by using –
Indicate the most accurate statement:
(1) an ordinary application
(2) either an ordinary application, or an ex parte application
(3) an ex parte application
(4) an interlocutory application.
