Jones v Williams [1911] ZATPD 90 (19 June 1911)

Magistrate's Court - Jurisdiction - Claim ad factum praestandum -Procl.21 of 1902, sec.12(b)(2) - Abandonment of Claims at Trial to bring case within Jurisdiction

Apart from cases of ejectment, a Magistrate has no jurisdiction, under Procl.21 of 1902, sec.12(b)(2), to entertain a claim to compel a person to do some act which he refuses to do. (Newton vs Brister and Co., (1907, T.S. 757) followed. Fox vs Fox's Executors, (1910 T.P. 740) distinguished).

If a portion of one indivisible claim is beyond the jurisdiction of the Court, the whole is beyond that jurisdiction.

Per BRISTOWE, J. : When a plaintiff comes to Court with a claim beyond the jurisdiction and exception is taken to the summons he is not entitled to abandon part of his claim so as to bring it within the jurisdiction.