Stephen v Gaius and The Magistrate of Nylstroom [1914] ZATPD 118 (24 November 1914)

Practice.-Review .-Gross irregularity in proceedings -Judgment
without hearing evidence.-Appeal.-Proc. 14 of 1902, sec. 19.

G obtained judgment in a magistrate's court against P for a certain amount, and the messenger attached some cattle in the possession of P in satisfaction of the judgment. S issued an interpleader summons, claiming the cattle to be his.
On the return day of the summons, S did not appear, and the magisttrate without hearing evidence, gave judgment in favour of G. S now applied for review of the proceedings on the ground of gross irregularity. Held, that there was no gross irregularity in the proceedings within the meaning of sec. 19 of Proc. 14 of 1902, and that the application should be dismissed. The proper procedure was by way of appeal.