Page:Superior Courts Act 2013.pdf/13



of Appeal, as the case may be, in order to determine the said question of law for guidance.

Persons over whom and matters in relation to which Divisions have jurisdiction

21. (1) A Division has jurisdiction over all persons residing or being in, and in relation to all causes arising and all offences triable within, its area of jurisdiction and all other matters of which it may according to law take cognisance, and has the power—

to hear and determine appeals from all Magistrates' Courts within its area of jurisdiction;

to review the proceedings of all such courts;

in its discretion, and at the instance of any interested person, to enquire into and determine any existing, future or contingent right or obligation, notwithstanding that such person cannot claim any relief consequential upon the determination.

(2) A Division also has jurisdiction over any person residing or being outside its area of jurisdiction who is joined as a party to any cause in relation to which such court has jurisdiction or who in terms of a third party notice becomes a party to such a cause, if the said person resides or is within the area of jurisdiction of any other Division.

(3) Subject to section 28 and the powers granted under section 4 of the Admiralty Jurisdiction Regulation Act, 1983 (Act No. 105 of 1983), any Division may issue an order for attachment of property to confirm jurisdiction.

Grounds for review of proceedings of Magistrates' Court

22. (1) The grounds upon which the proceedings of any Magistrates' Court may be brought under review before a court of a Division are—

absence of jurisdiction on the part of the court;

interest in the cause, bias, malice or corruption on the part of the presiding judicial officer;

gross irregularity in the proceedings; and

the admission of inadmissible or incompetent evidence or the rejection of admissible or competent evidence.

(2) This section does not affect the provisions of any other law relating to the review of proceedings in Magistrates' Courts.

Judgment by default

23. A judgment by default may be granted and entered by the registrar of a Division in the manner and in the circumstances prescribed in the rules, and a judgment so entered is deemed to be a judgment of a court of the Division.

Time allowed for appearance

24. The time allowed for entering an appearance to a civil summons served outside the area of jurisdiction of the Division in which it was issued, shall be not less than—

one month if the summons is to be served at a place more than 150 kilometres from the court out of which it was issued; and

two weeks in any other case.

Circumstances in which security for costs shall not be required

25. If a plaintiff in civil proceedings in a Division resides within the Republic, but outside the area of jurisdiction of that Division, he or she shall not by reason only of that fact be required to give security for costs in those proceedings.