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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, 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]
Sure, let's break down each part of the question and provide the
appropriate legal reasoning for each answer.
(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 cases where there is
no dispute of fact, and the matter can be decided on the papers
without the need for oral evidence. In this case, a breach of
contract claim may involve disputed facts about the terms of the
contract, the nature of the breach, and any defenses that Z might
raise. These disputed facts would require oral evidence and cross-
examination, which is not possible in an ordinary application.
Therefore, it would be inappropriate for X to use an ordinary
application to institute proceedings against Z in a case involving a
breach of contract with potential factual disputes.
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