Jurisdiction Flashcards
Your client the plaintiff has advanced money to the defendant in Jan 15. In terms of the loan agreement which was signed in Pretoria the defendant consented to the jurisdiction of the magistrate court of CPT. Plaintiff lives in Joburg and defendant in Pretoria.
- does cape district mag court have jurisdiction to entertain matter and provide reasons
- which magistrate court have jurisdiction and why?
No. The defendant may not consent to a specific area jurisdiction in a loan agreement , such consent is null and void - s45 of mag court act
The Pretoria magistrate’s court because the defendant resides in Pretoria ito s28 the court will have jurisdiction of the person
Does the district magistrate court have jurisdiction in an application for liquidation of a Close Corporation?
Yes
Does the district magistrate court have jurisdiction in an appeal against bail refused by a magistrate?
No
Does the district magistrate court have jurisdiction in substitution of an executor in place of a deceased plaintiff?
Yes
Does the district magistrate court have jurisdiction in an action for unopposed divorce?
No
Does the district magistrate court have the jurisdiction in an application to sequestrate the estate of an individual?
No
Does the district magistrate court have jurisdiction in the reinstatement of a wrongfully dismissed employee for unfair labor practices?
No
Does the magistrate court have jurisdiction in the following matters
- a claim based on a dishonored cheque for R100 000.00
- an application for the appointment of a curator ad litem?
Yes
Yes
The defendant is a company with principal place of business in Johannesburg central but has a branch office in Pretoria. It purchased goods from the plaintiff in Pretoria but delivery made in Johannesburg
Out of which court must summons be issued and why
Johannesburg Magistrate Court
Ito s28(1) (a) the defendant carries on business in the jurisdiction of the magistrate court of Johannesburg and place of business is restricted to the place where its central management is or its registered address. The branch in Pretoria does not found jurisdiction
What action can be taken?
Your client was injured as a result of an exposed manhole and his damages amount to R105 000.00. Your client wishes the institute an action in the district magistrate court for damages sustained
The plaintiff will have to abandon R5000 to bring claim within jurisdiction of magistrate court
Your client lent the defendant R10 000. Amount was repayable on 1 Dec 2012 and defendant has failed to pay said amount. Precise address of defendant unknown but after an extensive search he is living somewhere in Johannesburg precise address unknown. What action can your client take?
The Plaintiff will bring an application for leave to serve the summons by way of substituted service by advertising in a paper circulating in the Johannesburg area
Your client has granted a mortgage bond to the defendant. The defendant is in arrears with his monthly installments. What action must be taken before summons issued?
Plaintiff be required to issue a registered letter ito s129 of the NCA.
Letter be sent by registered post and draw the defendants attention to fact that he would be entitled to apply for debt review
You represent the plaintiff in a magistrate court action. After service of summons you apply for DJ. Request is refused because defendant entered an appearance to defend although a copy of this has not been served on you. By the time you become aware of this you are out of time to apply for summary judgment. Is there anything you can do and if so what?
Serve a notice recording that the defendant has failed to serve a copy of appearance to defend on you and calling on him to rectify within 5 days of service. When he does you can apply for summary judgment in accordance with rule 12(2)(a)
Your client wants to apply for an order setting aside the will of the deceased. Is it in order to issue summons out of the Magistrate court to have the will set aside?
No you must proceed out of the High Court
Your client wants to wind up a close corporation in which he is the sole member. May he do so in the magistrate court or must he apply to the high court?
Section 29(1)(f)(A) he can apply in the magistrate court