UNIVERSITY OF LIMPOPO

FACULTY OF MANAGEMENT AND LAW

SCHOOL OF LAW

DEPARTMENT OF JURISPRUDENCE LEGAL PLURALISM, CRIMINAL LAW AND

PROCEDURE

MODULE: CCIA031 TEST 02 MARKS: 50 14 APRIL 2023

CIVIL PROCEDURE A TIME 90 minutes (1 ½ Hours)

ASSESSOR : ADV. WH YOUNG

MODERATER : PROF. L RAPULANA

THIS PAPER CONSISTS OF …3…PAGES INCLUDING COVER PAGE

INSTRUCTIONS:

1. READ AND COMPLY WITH THIS INSTRUCTIONS

2. The duration for completion of the paper is 90 minutes’ (1 ½ hours)
3. Answer all the questions
4. Write neatly and legibly
5. Read question carefully before answering.
6. Answer just the question asked.
7. Answer in point form
8. Avoid writing irrelevant material

Good luck.
 CCIA031 TEST 02 2023

Question 01

Krap (the plaintiff) instituted an action in the Polokwane Magistrates’ Court against Knip (the
defendant) on the basis of goods sold and delivered. The gist of the matter is that on four
separate occasions Krap sold consignments of 2 500 bags of fertilizer to Knip on a strict thirty-
day payment basis. Each of the consignments of 2 500 bags were sold at the price of R17 500.
The total purchase price was R70 000. Knip only paid for one consignment, leaving an
outstanding balance of R52 500. The matter proceeded to trial. The gist of Knip’s defence on the
merits was that he only bought one consignment, which he had paid, and he disputes the
purchase of the other three consignments. During the trial Krap submitted invoices for only three
purchases into evidence, as the fourth invoice could not be found, and he was forced to close
his case without the evidence of the fourth purchase. When the court resumes a couple of days
later, and just before Knip started leading evidence, Krap informed the court that the fourth
missing invoice was initially misfiled, but was later found by a clerk. What procedure must Krap
apply to get the fourth invoice into evidence? Fully explain the relevant principles and also state
whether in your opinion, the court will be likely to grant the relief.
(20)

Question 02

There is pending litigation between ABD (Pty) Ltd as the plaintiff and XZY (Pty) Ltd as the
defendant in a District Magistrates’ Court. The dispute involves an agreement in terms of which
XZY purchased six consignments of one thousand meters of electric wire, at the price of
R75 000.00 per consignment, over a six-month period. Therefore, the total amount of the
contract was R450 000.00. The delivery of each consignment was due and payable on the date
of invoice. After the expiry of the duration of the contract, ABD alleges that it was only paid for
four consignments, and the balance of R150 000.00 was outstanding, in arrears and payable.
XZY raised in its plea on the merits the defense that it had paid all invoices delivered to it and
doesn’t owe ABD any money. The driver employed by ABD who delivered the consignments has
since unfortunately passed away and could not be called to testify. During the pre-litigation
procedures XZY duly filed a notice in terms of Rule 23 of the Magistrates’ Court Rules
requesting discovery from ABD. ABD discovered only four invoices, which supports XZY’s
defense that it had paid all four invoices that were provided to them. On the first morning of the
trial, before court starts, the attorney for ACD discussed the issue with the attorney for XZY in
the corridor of the court and handed over to him (XZY’s attorney) the two “missing” invoices.

Did proper discovery within the rules of civil procedure take place? In your answer you must
discuss the essence, nature, purpose and procedure of discovery, and what the consequences
are for failure to discover.
(15)

Question 03

When a court makes an order that reads “Costs to be costs in the cause”, what does it mean?
(5)
Question 04

In an application in terms of Rule 30 of the Uniform Rules (the High Court Rules), the applicant’s
affidavit contains an allegation that reads in a specific paragraph “9. The applicant submits
that the Honourable Court must grant the relief prayed for by the applicant on the basis

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 CCIA031 TEST 02 2023

that the facts of this this application are identical similar to the facts in X v K 2014 (2) SA
153 (GPN).”

Is this allegation in the affidavit proper and admissible? If you are of the opinion that this
allegation is, or is not, proper and admissible, what remedy is available to the respondent? with
reference to legislation and case law, give reasons for your answer.
(10)

TOTAL: 50

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