CIV3701 Assignment 1 (Answers) Semester 2 2023 *Footnotes and Bibliography (Well Researched Answers). Table of contents included for easy access to the answers!
(a) Briefly discuss an application to set aside irregular proceeding. ....................... 3
(b) Clarify the concept of a "liquid document" in relation to provisional sentence
summons. ............................................................................................................... 5
(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. .......................... 5
(i) Name the type of application that J must use in order to prevent K from
publishing the photographs. ................................................................................ 5
(ii) Name the affidavits that must be exchanged between the parties. ................ 5
(iii) Name the procedure that J may use if K’s affidavit contains inadmissible
evidence. ............................................................................................................. 6
(b) X and Y have been married to each other for two (2) years. They both reside in
Botswana. Y is sent to Durban for employment. Whilst in Durban for 8 months, Y
decides to divorce X. With these facts in mind answer the following questions: (i)
Will the KwaZulu-Natal Local Division, Durban have jurisdiction on the matter? .... 6
(i) Will the KwaZulu-Natal Local Division, Durban have jurisdiction on the
matter? ................................................................................................................ 6
(ii) Does Y have a choice to institute the proceeding in a regional or district
magistrates’ court? .............................................................................................. 7
(a) X enters into a contract with Y in Pretoria. In terms of the contract, Y will build a
house for X in Soweto. X pays Y R400 000 for the project. Y resides in
Krugersdorp. Y fails to finish building the house and refuses to do so. X wants Y to
1
, finish the house. Will any magistrate’s court mentioned herein be competent to
force X to finish building the house? ....................................................................... 8
(b) B owns property in Durban, which she has rented to A. The monthly rental is
R30 000. A is four months in arrears, and B suspects that A plans to leave the
property to avoid paying the arrear rentals in the amount of R120 000. Advise B
regarding the steps she may take to recover payment of the arrear rental amount.9
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