CIV3701
Assignment 1
Semester 2 2024 -
DUE 25 August
2024
QUESTIONS WITH DETAILED ANSWERS
, CIV3701 Assignment 1 Semester 2 2024 - DUE 25
August 2024
QUESTION 1
X has a claim against Z in the amount of R600 000 based on breach of
contract which occurred in Cape Town. X is an incola of Cape Town and Z is
an incola of Pretoria. With these facts in mind, answer the following questions.
Give full reasons for your answers.
(a) Explain why it will be inappropriate for X to use an ordinary application to
institute proceedings against Z. (2)
(b) Explain why X can institute proceedings against Z in the Cape Town High
Court. (2)
(c) Would your answer to (b) above differ if Z was a foreign peregrinus of the
Republic? (4)
(d) Would your answer to (b) above differ if the claim related to the registration
of fixed property, and the property was situated in Johannesburg? (2) [10]
QUESTION 2
J and T are married to each other and are domiciled in Lesotho. After having
been married to each other for a period of 8 years, J wishes to divorce his
wife, T. At the time of the institution of the divorce proceedings, J had been
living in Pretoria for ten months. With these facts in mind, answer the following
questions. Give full reasons for your answers.
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