Exam (elaborations)
CIV3701 ASSIGNMENT 01
- Course
- CIV3701 - Civil Procedure
- Institution
- University Of South Africa
CIV3701 ASSIGNMENT 01
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AFOLABI WURAOLA OYINDAMOLACIV3701 ASSIGNMENT 01
STUDENT NUMBER: 59148098
UNIQUE NUMBER: 883592
QUESTION 1
a) Since Portia is domiciled in Johannesburg, Peter may institute proceedings for damages
against her in the Johannesburg High Court.
b) No.
c) No. Although, Portia owns a flat in Cape Town, it does not mean she lives there. It was
specified that she is domiciled in Johannesburg, and that makes the Johannesburg High
Court the right place for proceedings to be instituted against her.
d) No. This is because Portia being an American citizen and domiciled there means that any
court in South Africa will not be competent to exercise jurisdiction over her anymore. A
high court is only able to exercise jurisdiction over a person who is domiciled or who
lives within the place where the court is.
QUESTION 2
a) No. According to section 28 Magistrates’ Courts Act 32 of 1944, it is the magistrates’
court which is within the district or region of the defendant’s place of central control that
has jurisdiction to hear the action institution being instituted. In this case, Sipho is the one
that central control over the delivery of the equipment, and he lives in Pretoria. This
means that the magistrates’ court in Pretoria that has the jurisdiction to hear the action
instituted against Sipho.
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