Questions and Answers
When is jurisdiction determined in legal proceedings?
What happens if jurisdiction is not established in a legal claim?
Which sections of the Magistrates’ Court Act specifically confer jurisdiction?
What is the upper limit for the value of a claim for delivery/transfer of property in the Magistrates' Court?
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What type of claim does the jurisdiction of the Magistrates’ Court primarily focus on?
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Study Notes
Determining Jurisdiction
- Jurisdiction is established at the commencement of proceedings, specifically when papers are served on the opposition.
- Once established, jurisdiction remains intact until the conclusion of the proceedings.
Importance of Jurisdiction
- Proving jurisdiction is crucial; failure to do so allows the opposition to challenge the claim with a special plea of “lack of jurisdiction”.
Magistrates’ Court Jurisdiction
- Jurisdiction in the Magistrates’ Courts is defined by Sections 26-50 of the Magistrates’ Court Act.
- The Act primarily focuses on two factors: the value of the claim and the nature of the claim.
Value of the Claim
- Section 29 outlines the upper limits for claims:
- R200,000 for movable property.
- R400,000 for immovable property.
- These limits apply to claims concerning the delivery or transfer of property, including both movable and immovable assets, with their actual market value taken into consideration.
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Description
This quiz delves into the rules and importance of establishing jurisdiction in Magistrates' Courts as outlined in the Magistrates’ Court Act. It highlights the procedures for proving jurisdiction, the consequences of failing to establish it, and the defined limits on claims for both movable and immovable property. Test your understanding of these key legal concepts.
