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CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 25 August 2024 Course Civil Procedure (CIV3701) Institution University Of South Africa (Unisa) Book Civil Procedure$2.58
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CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 25 August 2024 Course Civil Procedure (CIV3701) Institution University Of South Africa (Unisa) Book Civil Procedure
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Course
Civil Procedure
Institution
University Of South Africa
Book
Civil Procedure
CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 25 August 2024
Course
Civil Procedure (CIV3701)
Institution
University Of South Africa (Unisa)
Book
Civil Procedure
CIV3701 PACK FOR 2024 Exam pack latest complete solutions
CIV3701 PACK FOR 2024 Exam pack latest complete solutions
CIV3701 PACK FOR 2024 Exam pack latest complete solutions.
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University of South Africa
Civil Procedure
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ADMIN
[COMPANY NAME]
, 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]
Let's address each part of the question step by step:
(a) Explain why it will be inappropriate for X to use an
ordinary application to institute proceedings against Z. (2)
An ordinary application is typically used for matters that can be
decided on the basis of written evidence and where there is no real
dispute of fact. However, in the case of a breach of contract claim
involving a significant amount (R600 000), there are likely to be
disputes of fact that require oral evidence and cross-examination.
Therefore, it would be inappropriate to use an ordinary
application. Instead, X should institute action proceedings where
the matter can be fully ventilated through a trial process.
(b) Explain why X can institute proceedings against Z in the
Cape Town High Court. (2)
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