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Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Chapter III : Jurisdiction

14. Jurisdiction in respect of persons

 

(1) Subject to the provisions of subsection (2), a court shall have jurisdiction in respect of—
(a) any person who resides, carries on business or is employed within the area of jurisdiction of the court;
(b) any partnership, as defendant, which has business premises situated or any member of which resides within the area of jurisdiction of the court;
(c) any person in respect of any proceedings incidental to any action instituted in that court by such person;
(d) any person, whether or not he resides, carries on business or is employed within the area of jurisdiction of the court, if the cause of action arose wholly within that area;
(e) any defendant, whether in convention or reconvention, who appears and takes no objection to the jurisdiction of the court;
(f) any person who owns immovable property within the area of jurisdiction of the court in actions in respect of such property or a mortgage bond thereon.

 

(2) No action shall be instituted against the State in a court.

 

(3) [Subsection (3) deleted by section 23 of Act No. 139 of 1992]

 

(4) A court shall not have jurisdiction in respect of any claim or counterclaim based in whole or in part upon a cession or assignment of rights.