De La Koski v Bredell Brown & Co [1911] ZATPD 24 (20 March 1911)

Magistrate' s Court - Jurisdiction - Splitting of Claims - Procl.21 of 1902

The plaintiff sued for £95 alleged to be commission due to him up to a certain date according to an account, rendered by him to the defendants under an agreement whereby the defendants agreed to pay him a certain commission on every truck load of wood, obtained by them from X. At the trial he stated that if successful he intended to sue the defendants for any further commission which might have accrued due after the said date. The defendants did not plead that any further amounts were due.

Held, that the plaintiff had not split his claim and the Magistrate had jurisdiction.