CIV3701
ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 2026
, Civil Procedure - CIV3701
Assignment 01
QUESTION 1
(a) Distinction between a local peregrinus and a foreign peregrinus
A local peregrinus is a person who resides within South Africa but outside the
jurisdiction of the specific court where the case is brought. In other words, the
person lives in South Africa but not within the particular court’s area of jurisdiction.
A foreign peregrinus, on the other hand, is a person who resides outside the
Republic of South Africa. Because they are outside the country, special legal
procedures such as attachment of property may be required to establish jurisdiction
over them.
(b) Difference between process and pleadings
Process refers to the formal legal documents issued by the court to start or
continue legal proceedings. These documents notify the other party of legal action and
compel them to respond. Examples include summonses, notices of motion, and
warrants.
Pleadings are the written statements in which parties set out their claims and
defences in a civil case. They define the issues that the court must decide. Examples of
pleadings include the declaration, plea, replication, and counterclaim.
Process initiates or advances the legal proceedings, while pleadings set out the
parties’ factual and legal arguments in the case.
ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 2026
, Civil Procedure - CIV3701
Assignment 01
QUESTION 1
(a) Distinction between a local peregrinus and a foreign peregrinus
A local peregrinus is a person who resides within South Africa but outside the
jurisdiction of the specific court where the case is brought. In other words, the
person lives in South Africa but not within the particular court’s area of jurisdiction.
A foreign peregrinus, on the other hand, is a person who resides outside the
Republic of South Africa. Because they are outside the country, special legal
procedures such as attachment of property may be required to establish jurisdiction
over them.
(b) Difference between process and pleadings
Process refers to the formal legal documents issued by the court to start or
continue legal proceedings. These documents notify the other party of legal action and
compel them to respond. Examples include summonses, notices of motion, and
warrants.
Pleadings are the written statements in which parties set out their claims and
defences in a civil case. They define the issues that the court must decide. Examples of
pleadings include the declaration, plea, replication, and counterclaim.
Process initiates or advances the legal proceedings, while pleadings set out the
parties’ factual and legal arguments in the case.
