MAGISTRATES COURTS ACT Flashcards
What is section 28?
Jurisdiction in respect of persons.
What is section 29?
Jurisdiction in respect causes of action
What is section 35?
Transfer from one court to another due to undue expense or inconvenience.
What is section 38?
Abandonment of part claim.
What is section 39?
Deduction of admitted debt (for jurisdictional purposes).
What is section 40?
Splitting of claims is disallowed (if intent is to recover in more than one action).
What is section 41?
Allows joinder of plaintiffs.
What is section 42?
Allows joinder of defendants.
What is section 43?
Recognition of cumulative jurisdiction where two or more claims are each based on a different cause of action but combined in one summons.
What is section 45?
Jurisdiction by consent of parties (in writing to court to determine matter beyond its jurisdiction).
What is section 46?
Matters beyond the jurisdiction.
What does section 46(1) hold?
A district court does not have jurisdiction in matters in which the dissolution of a marriage is sought.
What does section 46(2) hold?
A court shall have no jurisdiction in matters concerning:
(a) validity or interpretation of a will or other testamentary document
(b) in which the status of a person in respect of mental capacity is sought to be affected
(c) in which SP is sought without an alternative of payment of damages
(d)in which is sought a decree of perpetual silence.
What is section 48?
Empowers court give judgment.
What does section 49 hold?
Cession of costs awarded in interlocutory proceedings shall not be ceded without the consent of the court awarding such costs.
