Summary Chapter 4

CHAPTER 4 – GENERAL
PRINCIPLES OF JURISDICTION

Introduction

DEFINITION:

= Authority/power or competence of a particular
court to hear a matter and grant relief

CONSEQUENCES OF LACK OF JURISDICTION:

Court may refuse to adjudicate the matter and will
dismiss it
Court might also order that the plaintiff pay wasted
costs
Plaintiff’s claim may prescribes before the matter
can be heard before the correct court (ie: this
prescription will prevent the plaintiff from
succeeding with his claim in the correct court)
Court may order attorney to pay costs (de bonis
propriis)

2-STAGE ENQUIRY INTO JURISDICTION:

Legal practitioner must know which court has
jurisdiction

This involves a 2-stage enquiry:
∙ Whether a lower court is competent to hear the
matter – or whether matter is within the
exclusive competence of the higher courts

, ∙ Which specific court or division of that court
(lower or high) has jurisdiction




INHERENT vs PRESCRIBED JURISDICTION:

Inherent jurisdiction:
∙ Applies to all HC’s
∙ Means HC does NOT derive its powers and
capacities solely from statutes
∙ Can hear ANY matters unless expressly excluded
from its jurisdiction by statute

Prescribed jurisdiction:
∙ Applies to all MC’s
∙ MC’s = creatures are statutes and their powers
and capacities ARE solely derived from the MC
Act ( powers are limited)
∙ Can only hear matters that are permitted by
statute (the MC Act)


Principles of Jurisdiction
GROUNDS OF JURISDICTION vs PRINCIPLES OF
JURISDICTION:

Grounds
∙ = rules which have emerged from binding
precedent or statute
∙ Determines which court (MC or HC) has
jurisdiction

Principles:
∙ Actor sequitor forum rei
∙ Effectiveness