lOMoAR cPSD| 8845461
1
CIV3701
Civil Procedure Latest EXAM PACK June 2023
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided as is without any
representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of
the contents of this document. This document is to be used for comparison, research and reference purposes
ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means.
, lOMoAR cPSD| 8845461
2
CIV3701 MAY/JUNE 2023 Exam
Answers Included,
Long Questions, Pleadings, Tutorials and
Notes
CIV3701 Supplementary Exam - 25 February 2022
INTRODUCTORY STUDIES
QUESTION 1
a) Pleading is a written document containing declarations of the parties to an
action in which material facts they rely on to support their claims or defense are clearly
set out to enable the opponent to plead thereto and which is exchanged between the
parties .
Process is a series of steps in legal proceedings which can only be taken by the aid
of the court or an officer of the court .The concept includes subpoena , notices etc
b) “ Dispute of fact “ arises when ,
• The respondent denies the material allegations made on the applicants behalf
• The respondent admits the allegations but disputes certain facts in the application
• The responded states he/she has no knowledge of the main facts states by the
applicant , but denies the fact (this turns the onus on the applicant as the common rule
states “he who alleges must prove “ ) The applicant must then prove that the defendant is
untruthful and unreliable .
c) “ Whole cause of action “ The terms is given a restricted meaning in regard
to the exercise of jurisdiction by a magistrates court . In the High Court either the
conclusion of a contract , performance or its breach would be sufficient cause of action
to exercise jurisdiction . The magistrate court the whole cause of action must have
risen within the district concerned or in question. (eg the conclusion, breach and
performance ) .
, lOMoAR cPSD| 8845461
3
d) Yes , In the event that a party is not satisfied with the outcome of a matter in
a lower court Section 83 of the Magistrates court Act 32 of 1944 states that a party
has the right to appeal . The right of appeal accrues only a party to a civil suit or
proceeding.
HIGH COURT JURISDICTION AND PROCEDURE
QUESTION 2
a) A summary judgement is put in place to protect a plaintiff who has a claim of
a particular nature against a defendant with no valid defense. A summary judgement
should be not granted lightly
Section 129 National Credit Act makes provision for certain requirements to be met
before any legal proceedings can be made in court in order to enforce a credit
agreement.
Rule 32 (1) sets out the type of claims that fall within “liquidated demand “
The rule determines the following: “The Plaintiff may after the Defendant has delivered
a plea, apply to the court for summary judgment on each of such claims in the
summons as is only:
• On a liquid document;
• For a liquidated amount in money;
• For delivery of the specified movable property; and
• For ejectment.”
b) (i) There are two main grounds on which South African court may exercise
jurisdiction in divorce cases namely on 1. Residence and 2. domicile .Section 2 (1 )
of the Divorce Act 70 of 1979 stipulates that the domicile or residence of either spouse
is sufficient to confer jurisdiction , even if the other spouse is domiciled or resides
outside the Republic of South Africa therefore a spouse who has never resided in
South Africa , as a plaintiff may institute divorce proceedings in a particular court in
South Africa on the grounds that the other spouse resides or is domiciled within that
area J has resided in Pretoria for 16 months and can
therefore institute action. On the given facts J may institute action and The High Court
in Pretoria will have jurisdiction to hear the matter.
, lOMoAR cPSD| 8845461
4
(ii ) Due to the fact that T is in Lesotho , Summons will be serviced by way of
ordinary service , personal service for matrimonial summonses if preferred .
c) (i) B can lodge and urgent interdict preventing A from publishing the photos
on grounds of defamation of character. This will prevent A from doing so in the interim
. In terms of POPI this also relates to classified personal data as it is the data subjects
personal information.
(ii “audi alteram partem “literally means “ listen to the other side “ The other party
will be given an opportunity to state case and be provided with 10 days to issue an
intention to defend the interdict stating grounds with an apposing affidavit .
(iii An affidavit stating reasons for the granting pf the interdict and evidence
which substantiates for same or the grounds on which the application is based.
Rule 13 of the Uniform Rules of Court
The third-party procedure enables liability between plaintiff and defendant, and
defendant and third party to be determined concurrently, in the same proceeding.
There can be no judgment against the third party until the court gives judgment against
the defendant as the main proceedings is against the plaintiff and the defendant. The
Third-party acts independently.
The procedure may be resorted to only in the following circumstances, namely,
where a party claims that:*he or she is entitled to a contribution or indemnity from the
third party in respect of any payment which he or she may be ordered to make or*a
question or matter in dispute in the action is substantially the same as that which
arose, or will arise,
between him or her and the third party and should be decided not only between the
parties to the action (i.e. the plaintiff and the defendant), but also between one or more
of them and the third party. The effect of the third-party notice is that, after service on
the third party, such party becomes a party to the action.
1
CIV3701
Civil Procedure Latest EXAM PACK June 2023
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning,
comparison and reference purpose,
Not to duplicate, reproduce and/or misrepresent the
contents of this document as your own work,
Fully accept the consequences should you plagiarise
or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided as is without any
representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of
the contents of this document. This document is to be used for comparison, research and reference purposes
ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means.
, lOMoAR cPSD| 8845461
2
CIV3701 MAY/JUNE 2023 Exam
Answers Included,
Long Questions, Pleadings, Tutorials and
Notes
CIV3701 Supplementary Exam - 25 February 2022
INTRODUCTORY STUDIES
QUESTION 1
a) Pleading is a written document containing declarations of the parties to an
action in which material facts they rely on to support their claims or defense are clearly
set out to enable the opponent to plead thereto and which is exchanged between the
parties .
Process is a series of steps in legal proceedings which can only be taken by the aid
of the court or an officer of the court .The concept includes subpoena , notices etc
b) “ Dispute of fact “ arises when ,
• The respondent denies the material allegations made on the applicants behalf
• The respondent admits the allegations but disputes certain facts in the application
• The responded states he/she has no knowledge of the main facts states by the
applicant , but denies the fact (this turns the onus on the applicant as the common rule
states “he who alleges must prove “ ) The applicant must then prove that the defendant is
untruthful and unreliable .
c) “ Whole cause of action “ The terms is given a restricted meaning in regard
to the exercise of jurisdiction by a magistrates court . In the High Court either the
conclusion of a contract , performance or its breach would be sufficient cause of action
to exercise jurisdiction . The magistrate court the whole cause of action must have
risen within the district concerned or in question. (eg the conclusion, breach and
performance ) .
, lOMoAR cPSD| 8845461
3
d) Yes , In the event that a party is not satisfied with the outcome of a matter in
a lower court Section 83 of the Magistrates court Act 32 of 1944 states that a party
has the right to appeal . The right of appeal accrues only a party to a civil suit or
proceeding.
HIGH COURT JURISDICTION AND PROCEDURE
QUESTION 2
a) A summary judgement is put in place to protect a plaintiff who has a claim of
a particular nature against a defendant with no valid defense. A summary judgement
should be not granted lightly
Section 129 National Credit Act makes provision for certain requirements to be met
before any legal proceedings can be made in court in order to enforce a credit
agreement.
Rule 32 (1) sets out the type of claims that fall within “liquidated demand “
The rule determines the following: “The Plaintiff may after the Defendant has delivered
a plea, apply to the court for summary judgment on each of such claims in the
summons as is only:
• On a liquid document;
• For a liquidated amount in money;
• For delivery of the specified movable property; and
• For ejectment.”
b) (i) There are two main grounds on which South African court may exercise
jurisdiction in divorce cases namely on 1. Residence and 2. domicile .Section 2 (1 )
of the Divorce Act 70 of 1979 stipulates that the domicile or residence of either spouse
is sufficient to confer jurisdiction , even if the other spouse is domiciled or resides
outside the Republic of South Africa therefore a spouse who has never resided in
South Africa , as a plaintiff may institute divorce proceedings in a particular court in
South Africa on the grounds that the other spouse resides or is domiciled within that
area J has resided in Pretoria for 16 months and can
therefore institute action. On the given facts J may institute action and The High Court
in Pretoria will have jurisdiction to hear the matter.
, lOMoAR cPSD| 8845461
4
(ii ) Due to the fact that T is in Lesotho , Summons will be serviced by way of
ordinary service , personal service for matrimonial summonses if preferred .
c) (i) B can lodge and urgent interdict preventing A from publishing the photos
on grounds of defamation of character. This will prevent A from doing so in the interim
. In terms of POPI this also relates to classified personal data as it is the data subjects
personal information.
(ii “audi alteram partem “literally means “ listen to the other side “ The other party
will be given an opportunity to state case and be provided with 10 days to issue an
intention to defend the interdict stating grounds with an apposing affidavit .
(iii An affidavit stating reasons for the granting pf the interdict and evidence
which substantiates for same or the grounds on which the application is based.
Rule 13 of the Uniform Rules of Court
The third-party procedure enables liability between plaintiff and defendant, and
defendant and third party to be determined concurrently, in the same proceeding.
There can be no judgment against the third party until the court gives judgment against
the defendant as the main proceedings is against the plaintiff and the defendant. The
Third-party acts independently.
The procedure may be resorted to only in the following circumstances, namely,
where a party claims that:*he or she is entitled to a contribution or indemnity from the
third party in respect of any payment which he or she may be ordered to make or*a
question or matter in dispute in the action is substantially the same as that which
arose, or will arise,
between him or her and the third party and should be decided not only between the
parties to the action (i.e. the plaintiff and the defendant), but also between one or more
of them and the third party. The effect of the third-party notice is that, after service on
the third party, such party becomes a party to the action.
