M.Kriel
Civil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 4: Chapter 4
Who may be a plaintiff in an MVA?
- Owner
- Any person that bears the risk of damage to the vehicle (driver)
1. Introduction:
- Jurisdiction refers to the authority or the competence of a particular
court to hear a matter which has been brought before it and to grant
relief i.r.o that matter,
- The consequences of proceeding in an incorrect court may be severe -
if the court lacks jurisdiction it may refuse to adjudicate and dismiss the
matter + the court may also order the plaintiff to pay the wasted costs.
- Greater repercussions in the circumstance where the plaintiff claim has
prescribed - in such circumstances, the prescription will prevent the
plaintiff from succeeding even in the appropriate court.
- If follows that consideration of jurisdictional principles will be a
necessary prerequisite to the institution of legal proceedings.
- Jurisdiction entails a two-stage inquiry: [need not know this, but it is
important to understand for later]
★ 1. Establish whether a lower court (MC or SCC) is competent to
hear a matter of whether the matter lies within the exclusive
competence of the HC.
❏ The monetary value of the claim;
❏ Nature of the claim
★ 2. Establish which division or local seat of the HC or DC or RC
of the MC has jurisdiction.
2
Civil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 4: Chapter 4
Who may be a plaintiff in an MVA?
- Owner
- Any person that bears the risk of damage to the vehicle (driver)
1. Introduction:
- Jurisdiction refers to the authority or the competence of a particular
court to hear a matter which has been brought before it and to grant
relief i.r.o that matter,
- The consequences of proceeding in an incorrect court may be severe -
if the court lacks jurisdiction it may refuse to adjudicate and dismiss the
matter + the court may also order the plaintiff to pay the wasted costs.
- Greater repercussions in the circumstance where the plaintiff claim has
prescribed - in such circumstances, the prescription will prevent the
plaintiff from succeeding even in the appropriate court.
- If follows that consideration of jurisdictional principles will be a
necessary prerequisite to the institution of legal proceedings.
- Jurisdiction entails a two-stage inquiry: [need not know this, but it is
important to understand for later]
★ 1. Establish whether a lower court (MC or SCC) is competent to
hear a matter of whether the matter lies within the exclusive
competence of the HC.
❏ The monetary value of the claim;
❏ Nature of the claim
★ 2. Establish which division or local seat of the HC or DC or RC
of the MC has jurisdiction.
2
