n Without Prejudice - Prescription in the time of changing jurisdictions - the law

Volume 18 Number 11
  • ISSN : 1681-178X


With the changing territorial jurisdiction of some of our high courts (most recently in Gauteng and North West under GN 408 in GG 41552 of 29 March 2018), litigants may find that they have inadvertently instituted action in a court which lacks territorial jurisdiction to hear their matter. A defendant in these circumstances may believe it tactical to raise the special plea of the court’s lack of jurisdiction, hoping that by the time the correct forum is approached, the claim will have prescribed.

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