CIV3701
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: 25 August 2024
QUESTION 1
a.
Ordinary applications are typically used for matters that require some form of declaratory relief
or where the facts are not in dispute and can be resolved based on affidavits alone. In this case,
X's claim against Z for breach of contract involves a significant monetary amount (R600,000),
and there may be factual disputes that necessitate a trial with oral evidence. The appropriate
procedure is to issue a combined summons, which allows for a thorough examination of
evidence and witnesses, ensuring that all factual disputes are adequately addressed. This
approach ensures a fair and comprehensive adjudication of the claim, adhering to the
requirements of procedural justice.
Futhermore, given that X is an incola (resident) of Cape Town and Z is an incola of Pretoria,
jurisdictional issues arise. Ordinary applications are less suitable for dealing with complex
jurisdictional matters that might be contested by the defendant. In a case where the breach of
contract occurred in Cape Town, X can initiate the proceedings in the Cape Town High Court
Terms of use
through a summons, which clearly establishes the court’s jurisdiction
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