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Seaview Plant Hire and Civil Contractors CC and Another v Lukhanji Precast CC (4126/2015) [2017] ZAECGHC 105 (29 June 2017)
The High Court dismissed an application to set aside a magistrate’s transfer order, finding the removal to High Court was by consent and not a nullity.
Octagon Chartered Accounts v Additional Magistrate, Johannesburg and Others (16402/2014) [2015] ZAGPJHC 89 (22 May 2015)
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…
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