STUDY UNIT 4

Question 1

WHAT IS JURISDICTION?

Answer 1

Jurisdiction may be defined as the power or competence which a particular court has to hear and determine an issue between parties brought before it.

Question 2

VALUE OF THE CLAIM: SECTION 29:

Answer 2

DISTRICT- does not exceed R200 000
REGIONAL- does not exceed R400 000
High court has no limit.
SECTION 29(1)(a)- Delivery or transfer of property
SECTION 29(1)(b)- Ejectment
SECTION 29(1)(c)- Right of way: no value is relevant
SECTION 29(1)(d)- Liquid documents or Mortgage

Question 3

Splitting of a single claim is not allowed:

Answer 3

section 40

Question 4

Combining separate claims:

Answer 4

section 43(1)

Question 5

Interest and costs not taken into account:

Answer 5

section 37(3)

Question 6

EXCEPTIONS TO THE GENERAL RULE:

Answer 6

1. Consent-s 45
   parties to consent to such jurisdiction
2. Abandonment- s38
   is for the plaintiff to abandon that part of his claim that is over R200000 or R400000
3. Deduction of an admitted debt- s39
   is or the plaintiff to deduct from his claim a debt he owes to the defendant.

Question 7

The nature of the claim:

Answer 7

section 46:
-involves two types of claims:
specific performance claims
status claims
these claims may not be brought to a Magistrates’ Court

Question 8

THREE FOUNDATIONS OR GROUNDS OF THE HIGH COURT:

Answer 8

1. Ratione domicili
2. Ratione res gestae
3. Ratione rei sitae

Question 9

1. RATIONE DOMICILI:

Answer 9

defendant/respondent is domiciled or resident in the court’s area

Question 10

2. RATIONE RES GESTAE:

Answer 10

the cause of action arose in the court’s area

Question 11

3. RATIONE REI SITAE

Answer 11

the property involved in the claim is situated in the court’s area

Question 12

PRINCIPLE ACTOR SEQUITUR FORUM REI

Answer 12

Plaintiff follows the defendant