CIV3701 Assignment 1 (ANSWERS) Semester 2 2023 - DISTINCTION GUARANTEED

CIV3701 Assignment 1 (ANSWERS) Semester 2 2023 - DISTINCTION GUARANTEED Answers, guidelines, workings and references................................Question 1 (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] Question 3 (a) X enters into a contract with Y in Pretoria. In terms of the contract, Y will build a house for X in Soweto. X pays Y R400 000 for the project. Y resides in Krugersdorp. Y fails to finish building the house and refuses to do so. X wants Y to finish the house. Will any magistrate’s court mentioned herein be competent to force X to finish building the house? (5) (b) B owns property in Durban, which she has rented to A. The monthly rental is R30 000. A is four months in arrears, and B suspects that A plans to leave the property to avoid paying the arrear rentals in the amount of R120 000. Advise B regarding the steps she may take to recover payment of the arrear rental amount. (5)