Question
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
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?
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