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Civil Procedure [2025] ZAMPMBHC 26

NPE Construction (Pty) Ltd and Another v Mkhonto and Others (51/2023)

NPE Construction (Pty) Ltd and Another v Mkhonto and Others (51/2023) [2025] ZAMPMBHC 26 (9 April 2025)

The court held that while a court may raise jurisdictional issues mero motu, the Magistrate's Court erred in determining its lack of jurisdiction by considering the total value of the construction project rather than the value of the relief sought, which is the cost of abating the unlawful activities. The correct approach, as established in Botha v Andrade, is to assess jurisdiction based on the value of the abatement, and the onus to prove that the matter exceeds the jurisdictional limit rests with the respondents. The respondents failed to provide such evidence. The court a quo's reliance o…

  • Magistrates Court Jurisdiction
  • Interdicts
  • Section 29 Magistrates Court Act
  • Section 30 Magistrates Court Act
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