South Africa Case Law

Octagon Chartered Accounts v Additional Magistrate, Johannesburg and Others (16402/2014)

Octagon Chartered Accounts v Additional Magistrate, Johannesburg and Others (16402/2014) [2015] ZAGPJHC 89 (22 May 2015)

Court

South Gauteng High Court, Johannesburg

Case number

16402/2014

Judge

Francis

The court held that the magistrate did not have the power to order removal of the main action to the High Court under section 50 of the Magistrates Court Act, as the action did not exceed the jurisdiction of the magistrate's court and the statutory requirements for removal were not met. The applicant's letter indicating non-opposition could not substitute for the necessary objection by the defendants. The magistrate was only empowered to stay the action and remove the counterclaim exceeding jurisdiction. The order made by the magistrate was therefore reviewable and set aside to the extent tha…

Source excerpt

• Removal Of Action
• Magistrates Court Jurisdiction
• Counterclaim Exceeding Jurisdiction
• Review Of Magistrate Decision

Forrest Crest Properties CC v Matthee and Others (AR 194/11)

Forrest Crest Properties CC v Matthee and Others (AR 194/11) [2012] ZAKZPHC 80 (30 July 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 194/11

Judges

Murugasen, Seegobin

Appeal against refusal to rescind a default judgment was dismissed. The court held the attempted cession and stay request did not justify rescission.

• Rescission Of Judgment
• Counterclaim Exceeding Jurisdiction
• Stay Of Proceedings
• Cession Of Claim
• Constitutional Review Of Statute
• Rescission-of-judgment