Goedhals v Lodge (37390/2020) [2022] ZAGPPHC 411 (6 June 2022)

Goedhals v Lodge (37390/2020) [2022] ZAGPPHC 411 (6 June 2022)

The court found that it lacked jurisdiction over the matter, as both the respondent's place of business, the location of the agreement, and the site of the incident were outside its jurisdiction. The applicant conceded the special plea and sought transfer under section 27 of the Superior Courts Act. The court held that section 27(1)(a) specifically provides for transfer in such circumstances, and the discretion conferred by the section was exercised in favour of transfer. The respondent's procedural objections were dismissed as the application was incidental to pending proceedings and governed by rule 6(11), not rule 6(5). The absence of a mediation referral under rule 41A(2) was not...

Citation
[2022] ZAGPPHC 411
Parties
Applicant: Charles Joseph Goedhals; Respondent: Mobi Lodge
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 June 2022
Case Number
37390/2020
Procedural Posture
Urgent Application / Application for Transfer of Proceedings Under Section 27 of the Superior Courts Act
Outcome
Application granted; proceedings transferred to the Mpumalanga Provincial Division of the High Court, Middelburg.
Judges
Molefe
Legal Topics
Transfer of Proceedings, Jurisdiction, Superior Courts Act, Interlocutory Application
Civil Procedure Transfer of Proceedings Jurisdiction Superior Courts Act Interlocutory Application

Case Brief

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Parties

Charles Joseph Goedhals

Applicant

Mobi Lodge

Respondent

Procedural Posture

Urgent Application / Application for Transfer of Proceedings Under Section 27 of the Superior Courts Act

Legal Issues

  1. 1 Whether the action was instituted in a division lacking jurisdiction.
  2. 2 Whether the application for transfer complies with section 27(1)(a) of the Superior Courts Act.
  3. 3 Whether points in limine regarding procedural defects are valid.

Ratio Decidendi

The court found that it lacked jurisdiction over the matter, as both the respondent's place of business, the location of the agreement, and the site of the incident were outside its jurisdiction. The applicant conceded the special plea and sought transfer under section 27 of the Superior Courts Act. The court held that section 27(1)(a) specifically provides for transfer in such circumstances, and the discretion conferred by the section was exercised in favour of transfer. The respondent's procedural objections were dismissed as the application was incidental to pending proceedings and governed by rule 6(11), not rule 6(5). The absence of a mediation referral under rule 41A(2) was not...

Court Disposition

Application granted; proceedings transferred to the Mpumalanga Provincial Division of the High Court, Middelburg.

Orders

  • The application in terms of section 27 of the Superior Courts Act 10 of 2013 is granted with costs.
  • The action is removed from the Gauteng Division, Pretoria and transferred to the Mpumalanga Provincial Division of the High Court, Middelburg.