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civ3701 Civil Procedure 29 Oct 2022 exam prep notes
- Institution
- University Of South Africa (Unisa)
- Book
- Civil Procedure
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CIVIL PROCEDURE CIV3701 21OCTOBER EXAM PREP
COMPILED BY STUDYVUDDY10111
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S1 2014 - CIV3701/101/3/2014
QUESTION 1
M issues summons against N for damages as a result of breach of contract. The nature of the claim that M has against N is
Indicate the most accurate statement.
(1) a liquidated claim
(2) an illiquid claim
(3) an unliquidated claim
(4) a liquid claim
QUESTION 2
The facts in Question 1 remain the same. In order to commence proceedings, M mustissue one of the following summonses:
Indicate the most accurate statement.
(1) an illiquid summons
(2) a combined summons 14
(3) a simple summons
(4) a provisional sentence summons
QUESTION 3
Determine which of the following groups of procedures are not related to each other:
(1) default judgment and summary dismissal
(2) an exception and an application to strike out
(3) an ex parte application and a rule nisi
(4) a notice of motion and a declaration
QUESTION 4
Indicate the most accurate statement.
(1) One of the rules for the drafting of processes is that only facts, and not the law, must be pleaded.
(2) To be defined as a liquid document, payment of the debt must be unconditional andmust appear ex facie the
document.
(3) In the High Court, the amount tendered in settlement need only be available for
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payment and need not be paid into court.
(4) The Uniform Rules of Court provide that the plaintiff has the sole responsibility toapply for the set-down of a matter.
QUESTION 5
Indicate the most accurate statement.
In the High Courts the position is as follows:
(1) Pleadings are deemed closed only after the plaintiff has filed his or her replication.
(2) In reply to a defendant’s counterclaim, a defendant in reconvention may file areplication in reconvention.
(3) An exception may be lodged only against a declaration or particulars of claim.
(4) It is possible to inspect a clearly specified document or tape recording in a party’s possession and relating to a
reasonably anticivated issue in the action before the close of pleadings.
QUESTION 6
Indicate the most accurate statement.
Summary judgment is relevant in the following circumstances:
(1) where the defendant gives notice of his intention to defend on time
(2) where the defendant fails to timeously deliver a notice of intention to defend
(3) where the defendant has no bona fide defence to the plaintiff’s claim
(4) where the action was instituted by means of a provisional sentence summons
QUESTION 7
Indicate the most accurate statement.
(1) Some of the items of property exempt from execution in terms of section 67 of the Magistrates’ Courts Act 32 of
1944 are “professional books, documents or instruments necessarily used by the debtor” in his or her profession, in
so far as the value of these items does not exceed R2 000.
(2) A cost order de bonis propriis is granted if a party to the action has been guilty of bad behaviour in conducting the
action.
(3) The National Credit Act 34 of 2005 requires a written notice by way of a summons tobe properly served on the
defendant.
(4) The plaintiff’s summons must contain a reference to section 26(1) of the Constitution
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in instances where he or she seeks an order for movable property to be declaredexecutable in the magistrates’ court.
QUESTION 8
Indicate the most accurate statement.
(1) The National Credit Act 34 of 2005 requires that the debt collection process must startwith a letter of demand.
(2) The request for further particulars in the magistrates’ court is meant only to allow aparty to prepare a plea on the
merits.
(3) An exception in the magistrates’ court is raised on a pleading which containsscandalous or vexatious allegations.
(4) A replication or subsequent pleading, which would amount to a mere denial of allegations in the previous pleading, is
unnecessary and pleadings will be deemed closed in terms of rule 21A(b) of the Magistrates’ Court Rules.16
QUESTION 9
Indicate the most accurate statement.
(1) In terms of Rule 42 of the Uniform Rules of Court, any variation of judgment soughtunder this Rule must be done by
way of the action procedure.
(2) Although the noting of an appeal against a decision of the High Court automatically suspends the execution of the
judgment pending the outcome of the appeal, the party in whose favour judgment was given may approach the court
that granted the original order for an order allowing execution.
(3) In terms of section 13(2)(a) of the Supreme Court Act 59 of 1959 a court hearing anappeal from a lower court may
consist of only one judge.
(4) In terms of section 20(2)(a) of the Supreme Court Act 59 of 1959 a person has a rightof appeal to the Supreme Court
of Appeal against the judgment of a single judge.
QUESTION 10
Indicate the most accurate statement.
(1) Review of the proceedings and decisions of quasi-judicial bodies takes place in terms of both common law and
legislation.
(2) Review of the proceedings of a lower court takes place by way of an ordinary opposedapplication and corresponds in
all respects to ordinary opposed application proceedings.
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