QUESTIONS AND ANSWERS FOR CIV3701
ASSIGNMENT 1
2023
SEMESTER 2
💯 PASS GUARANTEE
, A) Briefly discuss an application to set aside irregular proceeding
When a party to a cause takes an irregular step, the other party may apply to court to
set it aside. Such application must be brought on notice to all parties specifying
particulars of irregularity.
This is an application that means in terms of Rule 30 provides the other party with a
mechanism by means of which the irregularity may be set aside or dealt with. In terms
of Rule 30(2) it was makes mention of how an application to set aside an irregular
proceeding would be on notice to all the parties specifying the particulars of the
irregularity and made only if, the applicant himself has not taken a further step with
knowledge of the irregularity.
B) Explain the meaning of the term “liquid document” for the purposes of
provisional sentence summons.
A liquid document is a document in which the debtor acknowledges, by his signature or
that of his duly authorised representative, his liability for the payment of a certain and
ascertainable amount of money or is legally deemed to have acknowledged such
liability without the signature in fact having been appended thereto.
Purpose
Providing the creditor with a remedy for recovering his money without lengthy and
expensive illiquid summons proceedings and payment not delayed by the mere wilful
action of the debtor.
QUESTION 2
(a) J who is a politician learns that K, who is a journalist for Sunday Times
newspaper, is in possession of J’s photos in a very compromising situation and
is about to publish them on the same newspaper the following day. With these
fact in mind answer the following questions:
(i) Name the type of application that J must use in order to prevent K from
publishing the photographs.
• Interdict
II. Name the affidavits that must be exchanged between the parties
• Supporting affidavit
• Answering Affidavit
• Replying Affidavit
ASSIGNMENT 1
2023
SEMESTER 2
💯 PASS GUARANTEE
, A) Briefly discuss an application to set aside irregular proceeding
When a party to a cause takes an irregular step, the other party may apply to court to
set it aside. Such application must be brought on notice to all parties specifying
particulars of irregularity.
This is an application that means in terms of Rule 30 provides the other party with a
mechanism by means of which the irregularity may be set aside or dealt with. In terms
of Rule 30(2) it was makes mention of how an application to set aside an irregular
proceeding would be on notice to all the parties specifying the particulars of the
irregularity and made only if, the applicant himself has not taken a further step with
knowledge of the irregularity.
B) Explain the meaning of the term “liquid document” for the purposes of
provisional sentence summons.
A liquid document is a document in which the debtor acknowledges, by his signature or
that of his duly authorised representative, his liability for the payment of a certain and
ascertainable amount of money or is legally deemed to have acknowledged such
liability without the signature in fact having been appended thereto.
Purpose
Providing the creditor with a remedy for recovering his money without lengthy and
expensive illiquid summons proceedings and payment not delayed by the mere wilful
action of the debtor.
QUESTION 2
(a) J who is a politician learns that K, who is a journalist for Sunday Times
newspaper, is in possession of J’s photos in a very compromising situation and
is about to publish them on the same newspaper the following day. With these
fact in mind answer the following questions:
(i) Name the type of application that J must use in order to prevent K from
publishing the photographs.
• Interdict
II. Name the affidavits that must be exchanged between the parties
• Supporting affidavit
• Answering Affidavit
• Replying Affidavit
