South Africa Case Law

Mambwe and Another v Mthsweni N.O and Another (2512/2024)

Mambwe and Another v Mthsweni N.O and Another (2512/2024) [2025] ZAMPMBHC 3 (31 January 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2512/2024

Judge

M I Mangena

The High Court found that the Magistrates’ Court lacked jurisdiction to entertain Summer Breeze Home Owners Association’s claim against the applicants because the amount claimed (R216,669.90) exceeded the monetary limit of R200,000 set by the Minister at the time the summons was issued. The court relied on the Supreme Court of Appeal’s decision in Vorster v Clothing City (Pty) Ltd, which established that jurisdiction is determined by the amount claimed in the pleadings. The argument that the claim comprised separate causes of action for levies and penalties was rejected; both were heads of da…

Source excerpt

• Magistrates Court Jurisdiction
• Breach Of Contract
• Review Of Lower Court
• Levies And Penalties

S v Segoe and Others (A144/15)

S v Segoe and Others (A144/15) [2015] ZAGPPHC 104 (5 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

A144/15

Judges

M J Teffo, C Pretorius

High Court special review of a criminal trial where an accused was represented by a suspended attorney. The proceedings on 19 and 20 June 2014 were set aside.

• Right Of Legal Representation
• Irregular Proceedings
• Attorneys Act
• Review Of Lower Court
• Inherent Jurisdiction
• Criminal-procedure