Answer to Question #207451 in Law for James

Question #207451

X has a claim against Z in the amount of R600 000 based on breach of contract which occurred in Cape Town. X is an incola of Cape Town and Z is an incola of Pretoria. With these facts in mind, answer the following questions. Give full reasons for your answers.  

 

(a) Explain why it will be inappropriate for X to use an ordinary application to institute proceedings against Z.           (2) 

 

(b) Explain why X can institute proceedings against Z in the Cape Town High Court.       (2) 

 

(c) Would your answer to (b) above differ if Z was a foreign peregrinus of the Republic?      (4) 

 

(d) Would your answer to (b) above differ if the claim related to the registration of fixed property, and 

the property was situated in Johannesburg?       (2) 



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