QUESTION 4

(a) Donald, who lives in Pietermaritzburg, buys electronic equipment from Sipho, who lives in Pretoria. The contract is concluded in Johannesburg and the equipment is stored in a warehouse next to the harbour in Durban, where delivery must take place. Donald pays Sipho R180 000 for the equipment, but Sipho, despite demand, fails to deliver the equipment to Donald. Bearing these facts in mind, answer the following questions. Give full reasons for each answer.

(i) Will the magistrates' court situated in Pretoria have jurisdiction to hear the action instituted by Donald against Sipho? (2) (ii) Will the magistrates' court situated in Durban have jurisdiction to hear the action instituted by Donald in terms of section 28(1)(g) of the Magistrates' Courts Act 32 of 1944? (2)

(iii) Would any district magistrates' court have jurisdiction to hear the action if the amount of the claim was R 215 000 and Y owed X an admitted debt for R35 000? (5)

(iv) Would a regional magistrate's court have jurisdiction if, in the same summons, Y claims R215 000, R 250 000 and R 310 000, and each claim for breach of contract was based on a separate account for goods sold and delivered? (2)

(v) What is the jurisdictional purpose of section 46 of the Magistrates' Courts Act? (1)

(vi) Will any magistrates' court have jurisdiction to hear the action instituted by Donald to force Sipho to deliver the equipment to him without claiming damages in the alternative? (2)

(b) Briefly explain the importance of a pre-trial conference in a magistrate's court. (3)

(c) Name three remedies available to the party requesting further particulars for trial where the other party fails to furnish particulars timeously or sufficiently. (3)