Civil Procedure - CIV3701 Latest exam pack questions and answers and summarized notes for exam preparation. Updated for 2025. For assistance call or W.h.a.t.s.a.p.p us on +/ 2/ 5/ 4 /7 /7 /9 /5 /4 /0 /1 /3 /2 .
a. An action for divorce or an action for damages constitutes a claim for a debt or a
liquidated demand.
b. When the combined summons is employed, serious factual disputes do not require
the leading of oral evidence to resolve any issues.
c. The nature of the claim is the factor that determines whether a simple summons or a
combined summons must be employed.
d. a declaration may be used in the case of a combined summons since both
documents form a unit.
[2]
QUESTION 2
Indicate the most ACCURATE statement:
a. A claim for the delivery of specific movable property without an alternative claim for
damages, even though the claim does not exceed R200 000, cannot be instituted in
any magistrates court because it is a claim for specific performance.
b. It was held in Badenhorst v Theophanous 1988 1 SA 793 (C) that magistrates courts
may grant prohibitory interdicts, provided that such orders amount to orders ad
factum praestandum in terms of a contractual obligation.
c. The magistrates court for the district of Pretoria is competent to exercise jurisdiction
if the conclusion of the contract occurred in Pretoria and the contract was breached
in the magisterial district of Johannesburg.
d. A plaintiff may claim two amounts, namely R90 000 and R180 000 in the same
summons, even if the joint amount of the claims exceeds the district magistrates
courts jurisdiction under section 29 of the Magistrates Courts Act 32 of 1944,
provided that the parties are the same and provided that each claim is based on a
separate cause of action.
[2]
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@MANGENA JR. CIV3701
MAY/JUNE 2024
QUESTION 3
Indicate the most ACCURATE statement:
a. When it is said that a court exercises inherent jurisdiction, it means that the court’s
jurisdiction is derived from statute.
b. The South African civil procedural system is inquisitorial in nature.
c. In terms of the doctrine of effectiveness, a court will not exercise jurisdiction unless
full compliance with the judgment is ensured.
d. The doctrine of effectiveness means that a court will be competent to exercise
jurisdiction if compliance with the judgment can be expected.
[2]
QUESTION 4
Indicate the most ACCURATE statement:
a. Both appeal and review must take place within a reasonable time.
b. The single judge of the High Court whose judgment or order is being appealed
against, may sit on the full bench at the hearing of the appeal.
c. Once an appeal has been noted, a plaintiff may not continue to execute a judgment
given in his favour, unless authorised by the court.
d. The Supreme Court of Appeal is competent to hear appeals in respect of decisions or
judgments handed down by the Competition Court.
[2]
QUESTION 5
Indicate the most ACCURATE statement:
a. A juristic person is allowed to commence an action in the Small Claims Courts only
when represented by a duly nominated director or other natural persons.
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CIV3701
MAY/JUNE 2024
b. Matters that Small Claims Courts are absolutely not competent to adjudicate, are
identical to those that the magistrates courts are not competent to hear in terms of
the Magistrates Courts Act 32 of 1944.
c. An important objective of introducing Small Claims Courts is to increase ordinary
citizens access to justice.
d. Small Claims Courts are limited to hearing only claims of up to R15 000, except
where the parties consent in writing for the court to hear a claim in excess of R15
000.
[2]
QUESTION 6
Indicate the most ACCURATE statement:
a. The formal documents used in application proceedings comprise pleadings and
processes.
b. An interlocutory application is brought by way of a notice.
c. If a party wishes to oppose an application, he or she must deliver a notice of
intention to defend within the dies induciae.
d. An ex parte application is brought when one party approaches the court in terms of
Uniform Rule 35(7) for an order to compel the other party to discover particular
documents.
[2]
QUESTION 7
Indicate the most ACCURATE statement:
a. Leaving a copy of a summons at the defendant's place of employment does not fulfil
the stated requirements for ordinary service as set out in the various rules of court.
b. The main objective of the pre-trial conference in terms of both Uniform Rule 37 and
magistrates courts rule 54 is to facilitate a settlement between the parties.
c. 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.
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