Parties may consent to the jurisdiction over the
person of the defendant over which the court would
not ordinarily have jurisdiction over:
∙ Proviso in S45(1) states that consent will only be
valid if given specifically with reference to
particular proceedings being instituted or about
to be instituted
∙ Consent may not be given in the anticipation of
claims that may arise in the future
∙ Clause in a contract consenting to the
jurisdiction of a specific MC will not suffice if
court does not ordinarily have jurisdiction in
terms of S28 (null and void)
NB: See eg pg 81
TRANSFER OF MATTER FROM ONE COURT TO ANOTHER:
S35:
∙ Provides that an action or application proceeding
∙ May, with the consent of the parties or upon
application of any of the parties
∙ Be transferred by the court to any other court
However, such transfer may result in an undue
expense or inconvenience to that party
SPLITTING OF CLAIMS:
S40 Magistrates’ Courts Act:
∙ States that a claim exceeding the court’s
jurisdiction may not be split with the object of
recovering the relevant amount in more than one
action if:
- the parties to the action would be the same
- the issues in dispute would be the same
However, where the claims are based in different
causes of actions – there will not be an improper
splitting of claims
person of the defendant over which the court would
not ordinarily have jurisdiction over:
∙ Proviso in S45(1) states that consent will only be
valid if given specifically with reference to
particular proceedings being instituted or about
to be instituted
∙ Consent may not be given in the anticipation of
claims that may arise in the future
∙ Clause in a contract consenting to the
jurisdiction of a specific MC will not suffice if
court does not ordinarily have jurisdiction in
terms of S28 (null and void)
NB: See eg pg 81
TRANSFER OF MATTER FROM ONE COURT TO ANOTHER:
S35:
∙ Provides that an action or application proceeding
∙ May, with the consent of the parties or upon
application of any of the parties
∙ Be transferred by the court to any other court
However, such transfer may result in an undue
expense or inconvenience to that party
SPLITTING OF CLAIMS:
S40 Magistrates’ Courts Act:
∙ States that a claim exceeding the court’s
jurisdiction may not be split with the object of
recovering the relevant amount in more than one
action if:
- the parties to the action would be the same
- the issues in dispute would be the same
However, where the claims are based in different
causes of actions – there will not be an improper
splitting of claims
