CIV3701-LATEST-EXAM-PACK.
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2019 MAY/ JUNE CIV3701
2018 MAY/JUNE SECOND PAPER CIV 3701
2018 MAY/JUNE FIRST PAPER CIV 3701
CIV QUESTIONS AND ANSWERS
SECTION A
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1. 4
2. 4
3. 2.
4. 4
5. 2
6. 3
7. 3
8. 2
9. 4
10. 2
SECTION B
INTRODUCTORY STUDIES
QUESTION 1
a. This ...
a. This involves opposing parties who „fight‟ a case, with the court acting as an
impartial referee. The court does not involve itself in the dispute or instruct the
parties how they should run their respective cases, provided that they obey the
rules of court.
b. They follow the oral tradition, although they are influenced by Western traditions.
• The participants comprise a collective group of people who are free to
participate in the discussions.
• The processes are victim-oriented.
c. where an order is sought declaring residential property specially executable, the
registrar can no longer hear the matter and must refer it to the court. The court
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found which found the rules and practice allowing registrars to declare
mortgaged property specially executable after default judgment on money debt
unconstitutional for lack of judicial oversight.
JURISDICTION IN THE HIGH COURT
Question 2
a. In terms of the common law an incola is a person who is either domiciled or
resident within a particular area, and a court has jurisdiction over a defendant
who is an incola within its area at the time when the action commences on the
ground of ratione domicilii. In the present instance X‟s temporary presence in
Cape Town did not cause a change in his residency status in Durban. Therefore,
as X is still “resident” in Durban, the KwaZulu-Natal Local Division, Durban has
jurisdiction over X ratione domicilii (based on the principle actor sequitur forum
rei), and Z may thus issue summons against X out of this court.
Residence contains an element of permanence, and consequently the mere
presence of a person at a particular place is insufficient to establish residency. In
the present matter X‟s presence in Cape Town is clearly temporary (a three
month work commitment) with no indication of wanting to give up his residency in
Durban, and therefore he is still “resident” in Durban.
b. Section 42(2) of the Superior Courts Act, 2013 provides that a civil process of a
Division runs throughout the Republic, and may be served or executed within the
jurisdiction of any Division. Consequently it would be possible for Z to issue a
summons out of the KwaZulu-Natal Local Division, Durban and have it served on
X by the sheriff while in Cape Town. (Section 42(2) of the Superior Courts Act,
2013). Section 42(2) is essentially a procedural enactment to make the execution
and service of process more convenient, and is not a jurisdiction ground – it
simply allows a process to be issued by one court (that has jurisdiction) and to be
served and executed in another court‟s area.
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