Summary
Summary Chapter 5
- Course
- Law of civil procedure
- Institution
- University Of Johannesburg (UJ)
Detailed summary of chapter 4 from the fundamental principles of civil procedure textbook
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By: muhammadebrahim666 • 3 year ago
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CHAPTER 5 – JURISDICTION OFTHE HIGH COURT
Introduction
INHERENT JURISDICTION OF THE HC:
HC has inherent jurisdiction
What:
∙ Discretionary power of the HC to make any order
or undertake any procedural step as long as it is
not prohibited by law
∙ Ie: if the matter is not prohibited by the Uniform
Rules of Court or the HC Act – the may grant
orders, insofar as the rules are deficient, to
further the administration of justice
Court has the power to:
∙ Regulate its own procedure
∙ Adjudicate upon any unlawful interference with
rights
∙ Protect dignity/reputation of court
∙ Discipline attorneys and advocates
Inherent jurisdiction vs Innate jurisdiction:
∙ Inherent – only refers to the court’s power to
regulate its own procedure
∙ Innate – refers to the courts power to adjudicate
upon any unlawful interference with rights
∙ Inherent jurisdiction is a sub-category of innate
jurisdiction
LIMITATION OF HC’s JURISDICTION:
, Value of the claim (Monetary jurisdiction)
Type of claim (Substantive jurisdiction)
Area/territory of jurisdiction (Geographic/Territorial
jurisdiction)
Monetary Jurisdiction
BASICALLY:
NO limitation with regard to amount of claim
In theory there is no upper or lower limit
However, matter must NOT amount to abuse of the
court’s process:
∙ If matter amounts to abuse of court’s process –
HC may refuse to hear the matter
MATTER WITHIN JURISDICTION OF MC:
HC has discretion to discourage plaintiff’s from
bringing matters within the jurisdiction of the MC to
it
∙ HC does this by granting costs on the MC’s scale
to a successful plaintiff who could have easily
taken the matter to a MC
Where an action has been instituted by the HC but is
within the jurisdiction of the MC:
∙ Matter may be transferred to the MC upon the
consent of the parties in terms of HCR 39(22)
∙ Need consent of both parties
∙ If defendant does not consent – HCR 41(1) allows
plaintiff can withdraw matter from the HC and
institute de novo (a new) in a MC
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