CIV3701 CIVIL PROCEDURE ASSIGNMENT 1 SEMESTER 2
2026 | Answers Included | Due 25th August 2026 | UNISA LLB
| Pass Guaranteed - A+ Graded
Section 1: Jurisdiction of High Court & Magistrates' Courts (Q1-12)
Q1. A plaintiff wishes to institute action against a defendant for breach of contract.
The defendant resides in Johannesburg but the contract was concluded and the
breach occurred in Cape Town. The claim is for R350,000. Which court has
jurisdiction?
A. The District Magistrate's Court in Johannesburg
B. The Regional Magistrate's Court in Cape Town
C. The High Court in Pretoria
D. The District Magistrate's Court in Cape Town
B. The Regional Magistrate's Court in Cape Town [CORRECT]
Rationale: The claim of R350,000 falls within the Regional Magistrate's Court
jurisdiction (above R200,000 up to and including R400,000). Territorial jurisdiction is
established ratione rei gestae (cause of action arose in Cape Town). The District Court
(A, D) lacks monetary jurisdiction for R350,000, and the High Court (C) is not required
as the amount is below R400,000.
Q2. A defendant is a foreign peregrinus residing in Namibia with no assets in South
Africa. The plaintiff wants to sue for damages arising from a motor vehicle accident
that occurred in Durban. Which method can the plaintiff use to found jurisdiction in
the KwaZulu-Natal High Court?
A. Ratione domicilii because the defendant once visited Durban
B. Ratione rei sitae by attaching the defendant's movable property in Namibia
C. Attachment of the defendant's person or property within the Republic under
section 30bis of the Magistrates' Courts Act
D. Ratione personae because the defendant is a South African citizen
C. Attachment of the defendant's defendant's person or property within the Republic
under section 30bis of the Magistrates' Courts Act [CORRECT]
,Rationale: For a foreign peregrinus with no domicile or cause of action within the
jurisdiction, attachment of the defendant's person or property within South Africa is
required to found or confirm jurisdiction under section 30bis of the Magistrates'
Courts Act (and analogous High Court principles). Ratione domicilii (A) requires actual
residence, ratione rei sitae (B) requires property in the forum, and ratione personae (D)
applies to citizens present in the jurisdiction.
Q3. A plaintiff sues for R180,000 for damages resulting from a defective product. The
defendant resides in Pretoria, but the product was purchased and caused injury in
Bloemfontein. Which court has jurisdiction?
A. Only the High Court in Bloemfontein
B. The District Magistrate's Court in Pretoria or Bloemfontein
C. The Regional Magistrate's Court in Pretoria only
D. The District Magistrate's Court in Bloemfontein only
B. The District Magistrate's Court in Pretoria or Bloemfontein [CORRECT]
Rationale: A claim of R180,000 falls within the District Magistrate's Court monetary
jurisdiction (up to R200,000). The plaintiff may sue in the court where the defendant
resides (ratione domicilii - Pretoria) or where the cause of action arose (ratione rei
gestae - Bloemfontein). The Regional Court (C) is not required as the amount is below
R200,000.
Q4. A lease agreement specifies the defendant's domicilium citandi et executandi as
the leased premises in Sandton. The defendant vacates the premises without
notifying the landlord of a new address. The landlord wishes to sue for arrears of
R120,000. Where can valid service be effected?
A. Only at the defendant's new unknown address after a tracing agent locates him
B. At the domicilium citandi et executandi address stated in the lease, even though the
defendant no longer resides there
C. Only by edictal citation since the defendant's whereabouts are unknown
D. At the Magistrate's Court where the defendant was born
B. At the domicilium citandi et executandi address stated in the lease, even though the
defendant no longer resides there [CORRECT]
Rationale: A domicilium citandi et executandi chosen in a contract remains valid for
service even if the defendant is no longer present, unless the defendant formally
, notifies the other party of a change of address. This was confirmed in Amcoal Colleries
Ltd v Truter 1990 (1) SA 1 (A).
Q5. A plaintiff wishes to sue a company for R450,000 for breach of a construction
contract. The company's registered office is in Durban, but the construction site and
breach occurred in Port Elizabeth. Which court has jurisdiction?
A. The Regional Magistrate's Court in Port Elizabeth
B. The High Court in Durban or Port Elizabeth
C. The District Magistrate's Court in Durban
D. The Regional Magistrate's Court in Durban
B. The High Court in Durban or Port Elizabeth [CORRECT]
Rationale: A claim of R450,000 exceeds the Regional Magistrate's Court monetary
limit of R400,000, so the High Court has exclusive monetary jurisdiction. Territorial
jurisdiction can be founded in Durban (ratione domicilii - registered office) or Port
Elizabeth (ratione rei gestae - cause of action). Neither Magistrate's Court (A, C, D) has
jurisdiction due to the amount.
Q6. A plaintiff sues for delivery of a specific motor vehicle valued at R280,000. The
defendant resides in Cape Town, but the vehicle is currently in Johannesburg where
the defendant left it for repairs. Which court has jurisdiction?
A. The District Magistrate's Court in Cape Town only
B. The Regional Magistrate's Court in Johannesburg based on ratione rei sitae
C. The High Court in Johannesburg because movable property is involved
D. The Regional Magistrate's Court in Cape Town only
B. The Regional Magistrate's Court in Johannesburg based on ratione rei sitae
[CORRECT]
Rationale: The claim is for delivery of specific movable property valued at R280,000,
falling within Regional Court jurisdiction. The property is situated in Johannesburg,
giving that court jurisdiction ratione rei sitae (location of the property). The
defendant's residence in Cape Town (A, D) also provides jurisdiction, but the
question asks which court has jurisdiction based on the facts, and Johannesburg is a
valid forum.
2026 | Answers Included | Due 25th August 2026 | UNISA LLB
| Pass Guaranteed - A+ Graded
Section 1: Jurisdiction of High Court & Magistrates' Courts (Q1-12)
Q1. A plaintiff wishes to institute action against a defendant for breach of contract.
The defendant resides in Johannesburg but the contract was concluded and the
breach occurred in Cape Town. The claim is for R350,000. Which court has
jurisdiction?
A. The District Magistrate's Court in Johannesburg
B. The Regional Magistrate's Court in Cape Town
C. The High Court in Pretoria
D. The District Magistrate's Court in Cape Town
B. The Regional Magistrate's Court in Cape Town [CORRECT]
Rationale: The claim of R350,000 falls within the Regional Magistrate's Court
jurisdiction (above R200,000 up to and including R400,000). Territorial jurisdiction is
established ratione rei gestae (cause of action arose in Cape Town). The District Court
(A, D) lacks monetary jurisdiction for R350,000, and the High Court (C) is not required
as the amount is below R400,000.
Q2. A defendant is a foreign peregrinus residing in Namibia with no assets in South
Africa. The plaintiff wants to sue for damages arising from a motor vehicle accident
that occurred in Durban. Which method can the plaintiff use to found jurisdiction in
the KwaZulu-Natal High Court?
A. Ratione domicilii because the defendant once visited Durban
B. Ratione rei sitae by attaching the defendant's movable property in Namibia
C. Attachment of the defendant's person or property within the Republic under
section 30bis of the Magistrates' Courts Act
D. Ratione personae because the defendant is a South African citizen
C. Attachment of the defendant's defendant's person or property within the Republic
under section 30bis of the Magistrates' Courts Act [CORRECT]
,Rationale: For a foreign peregrinus with no domicile or cause of action within the
jurisdiction, attachment of the defendant's person or property within South Africa is
required to found or confirm jurisdiction under section 30bis of the Magistrates'
Courts Act (and analogous High Court principles). Ratione domicilii (A) requires actual
residence, ratione rei sitae (B) requires property in the forum, and ratione personae (D)
applies to citizens present in the jurisdiction.
Q3. A plaintiff sues for R180,000 for damages resulting from a defective product. The
defendant resides in Pretoria, but the product was purchased and caused injury in
Bloemfontein. Which court has jurisdiction?
A. Only the High Court in Bloemfontein
B. The District Magistrate's Court in Pretoria or Bloemfontein
C. The Regional Magistrate's Court in Pretoria only
D. The District Magistrate's Court in Bloemfontein only
B. The District Magistrate's Court in Pretoria or Bloemfontein [CORRECT]
Rationale: A claim of R180,000 falls within the District Magistrate's Court monetary
jurisdiction (up to R200,000). The plaintiff may sue in the court where the defendant
resides (ratione domicilii - Pretoria) or where the cause of action arose (ratione rei
gestae - Bloemfontein). The Regional Court (C) is not required as the amount is below
R200,000.
Q4. A lease agreement specifies the defendant's domicilium citandi et executandi as
the leased premises in Sandton. The defendant vacates the premises without
notifying the landlord of a new address. The landlord wishes to sue for arrears of
R120,000. Where can valid service be effected?
A. Only at the defendant's new unknown address after a tracing agent locates him
B. At the domicilium citandi et executandi address stated in the lease, even though the
defendant no longer resides there
C. Only by edictal citation since the defendant's whereabouts are unknown
D. At the Magistrate's Court where the defendant was born
B. At the domicilium citandi et executandi address stated in the lease, even though the
defendant no longer resides there [CORRECT]
Rationale: A domicilium citandi et executandi chosen in a contract remains valid for
service even if the defendant is no longer present, unless the defendant formally
, notifies the other party of a change of address. This was confirmed in Amcoal Colleries
Ltd v Truter 1990 (1) SA 1 (A).
Q5. A plaintiff wishes to sue a company for R450,000 for breach of a construction
contract. The company's registered office is in Durban, but the construction site and
breach occurred in Port Elizabeth. Which court has jurisdiction?
A. The Regional Magistrate's Court in Port Elizabeth
B. The High Court in Durban or Port Elizabeth
C. The District Magistrate's Court in Durban
D. The Regional Magistrate's Court in Durban
B. The High Court in Durban or Port Elizabeth [CORRECT]
Rationale: A claim of R450,000 exceeds the Regional Magistrate's Court monetary
limit of R400,000, so the High Court has exclusive monetary jurisdiction. Territorial
jurisdiction can be founded in Durban (ratione domicilii - registered office) or Port
Elizabeth (ratione rei gestae - cause of action). Neither Magistrate's Court (A, C, D) has
jurisdiction due to the amount.
Q6. A plaintiff sues for delivery of a specific motor vehicle valued at R280,000. The
defendant resides in Cape Town, but the vehicle is currently in Johannesburg where
the defendant left it for repairs. Which court has jurisdiction?
A. The District Magistrate's Court in Cape Town only
B. The Regional Magistrate's Court in Johannesburg based on ratione rei sitae
C. The High Court in Johannesburg because movable property is involved
D. The Regional Magistrate's Court in Cape Town only
B. The Regional Magistrate's Court in Johannesburg based on ratione rei sitae
[CORRECT]
Rationale: The claim is for delivery of specific movable property valued at R280,000,
falling within Regional Court jurisdiction. The property is situated in Johannesburg,
giving that court jurisdiction ratione rei sitae (location of the property). The
defendant's residence in Cape Town (A, D) also provides jurisdiction, but the
question asks which court has jurisdiction based on the facts, and Johannesburg is a
valid forum.
