South Africa Case Law

Green Outdoor Gym (Pty) Ltd and Another v Ogana and Another (2022/4340)

Green Outdoor Gym (Pty) Ltd and Another v Ogana and Another (2022/4340) [2023] ZAGPJHC 691 (13 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/4340

Judge

R. Shepstone

The High Court reviewed and set aside a magistrate’s transfer order, holding that a court without jurisdiction could not transfer the matter.

• Jurisdiction Of Magistrates Courts
• Review Of Magistrates Court Decisions
• Transfer Of Actions
• Procedural Irregularity
• Magistrates-court-jurisdiction
• Review-of-lower-court-decisions

Grace and Others v DPI Plastics (Pty) Limited and Another; In Re BNOP Agriculture Services Limited v Agri-Challenge SA (Pty) Limited and Others (43466/2014)

Grace and Others v DPI Plastics (Pty) Limited and Another; In Re BNOP Agriculture Services Limited v Agri-Challenge SA (Pty) Limited and Others (43466/2014) [2018] ZAGPJHC 616 (22 November 2018)

Court

South Gauteng High Court, Johannesburg

Case number

43466/2014

Judge

D S S Moshidi

The court transferred a Johannesburg action to Pretoria and ordered consolidation with a related matter, finding the overlap and convenience justified one hearing.

• Transfer Of Actions
• Consolidation Of Actions
• Rule 11 Uniform Rules
• Superior Courts Act
• Balance Of Convenience
• Civil-procedure

Kgoale and Another v Road Accident Fund and Others (A769/2015)

Kgoale and Another v Road Accident Fund and Others (A769/2015) [2016] ZAGPPHC 493 (24 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

A769/2015

Judges

E.M. Kubushi, S.S. Mphahlele

The court dismissed an appeal seeking transfer of Road Accident Fund claims from magistrates’ court to the High Court, finding the claims prescribed.

• Magistrates Courts Act
• Access To Court
• Equality Before Law
• Prescription
• Transfer Of Actions
• Access-to-court

Columbus Stainless (Pty) Ltd v Kuehne & Nagel (Pty) Ltd and Another (3580/2013)

Columbus Stainless (Pty) Ltd v Kuehne & Nagel (Pty) Ltd and Another (3580/2013) [2014] ZAKZDHC 19 (23 May 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

3580/2013

Judge

Ploos van Amstel

The court held that maritime claims already before a High Court may continue there in admiralty jurisdiction under section 7(2) of the AJRA.

• Admiralty Jurisdiction
• Maritime Claims
• Transfer Of Actions
• Exception Procedure
• Costs Orders
• Admiralty-jurisdiction

Oosthuizen v Road Accident Fund (258/10)

Oosthuizen v Road Accident Fund (258/10) [2011] ZASCA 118; 2011 (6) SA 31 (SCA); [2011] 4 All SA 71 (SCA) (6 July 2011)

Court

Supreme Court of Appeal

Case number

258/10

Judges

Navsa, Cloete, Cachalia, Bosielo, Majiedt

The Supreme Court of Appeal held that there is no statutory provision authorising a plaintiff to transfer a case from the magistrates’ court to the high court. The inherent jurisdiction of the high court, as enshrined in section 173 of the Constitution, is limited to regulating its own process and does not permit the assumption of jurisdiction not otherwise conferred by statute. The appellant’s attorneys were aware that the claim exceeded the magistrates’ court’s jurisdiction but failed to act timeously, resulting in prescription of the claim. The court found that the interests of justice do…

Source excerpt

• Transfer Of Actions
• Inherent Jurisdiction
• Prescription
• Road Accident Fund Act