Otto v Schurink and Another [1911] ZATPD 63 (9 May 1911)

Magistrate's Court.- Summons - Defective Service - Waiver by Defendant - Procl.21 of 1902

Although a summons be served defectively and not in accordance with the Magistrates' Court Rules (Procl.21 of 1902), a defendant may validly submit himself to the jurisdiction of the Magistrate by acquiescing in and waiving the defect; and once having so submitted himself, he is not entitled to take advantage of the defect.