(a) Briefly discuss an application to set aside irregular proceeding. (6)
(b) Explain the meaning of the term “liquid document” for the purposes of
provisional sentence summons. (4) [10]
HIGH COURT JURISDICTION AND PROCEDURE
Question 2
(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. With these
fact in mind answer the following questions:
(i) Name the type of application that J must use in order to prevent K from
publishing the photographs. (1)
(ii) Name the affidavits that must be exchanged between the parties. (3)
(iii) Name the procedure that J may use if K’s affidavit contains inadmissible
evidence. (1)
(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?
(3)
(ii) Does Y have a choice to institute the proceeding in a regional or district
magistrates’ court? (2) [10]
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