Patel v Correa [1912] ZATPD 74 (17 June 1912)

Magistrate's Court. - Civil Jurisdiction. -Counterclaim
beyond Jurisdiction. - Unliquidated Claim and
Counterclaim. - Leave to Reduce Counterclaim. -
Proc. 21 of 1902.

An unliquidated claim for an amount within a magistrate's
.furisdict~on is not ousted from the 'magistrate's
jurisdiction by virtue of an unliquidated counterclaim
for an amount beyond that jurisdiction, if
judgment upon the claim will not extinguish the
counterclaim.

Where a counterclaim is made for an amount beyond the magistrate's jurisdiction and the magistrate dismisses it as being beyond his jurisdiction, it is too late to apply for leave to reduce the counterclaim in amount so as to bring it within the jurisdiction.

Quaere, whether a magistrate has power, under Proc. 21 of 1902, to grant leave to reduce a counterclaim
which is beyond the amount of his jurisdiction so as
to bring it within that jurisdiction.