Jurisdiction 2 Flashcards
You act for a shipping company which instructs you to sue Renown Exporters CC for services rendered in May 2010 for R70 000, June for R30 000 and July for R50 000
Can you properly issue one summons in the district magistrate court to recover the total debt?
Because you would claim the amounts as separate debts and each amount does not exceed R100 000, it is in order
Can you issue summons in the High Court?
Yes but costs may be awarded on the magistrate court scale
Renown Exports CC have their place of business and registered office in Johannesburg. In what circumstances could the durban magistrate court have jurisdiction in an action against them?
Durban magistrate court has jurisdiction if the whole coa arose in durban ie the order was received in durban and had to be fulfilled in durban