Mohomed v Nomafusi (7576/2013)
Mohomed v Nomafusi (7576/2013) [2015] ZAKZDHC 67 (2 September 2015)
The court held that the Durban seat of the KwaZulu-Natal High Court does not have jurisdiction over the Mount Currie magisterial district, where Kokstad is situated. The transitional provisions of section 50(1) of the Superior Courts Act 10 of 2013 maintain the jurisdictional boundaries as set out in the First Schedule to the Supreme Court Act 59 of 1959, unless altered by notice in the Gazette. No such notice has been issued to extend the Durban seat's jurisdiction to include Mount Currie. Therefore, the application for eviction must be dismissed for lack of jurisdiction.
Source excerpt
- Jurisdiction Of High Courts
- Eviction Application
- Superior Courts Act
- Area Of Jurisdiction