Q. If I want to sue or am being sued, and the parties involved are in different cities, which court will have jurisdiction? In other words, where must I start proceedings?
A: The parties can agree upon the jurisdiction. Failing this, it will be where the contract is entered into or carried out.
The choice of jurisdiction can be a major cost and inconvenience. For example, your business may be in Gauteng and the Defendant (the party you are suing) or Plaintiff (the party suing you) in Cape Town; by specifying Gauteng as the jurisdiction, you won’t have to commute to Cape Town for consultations and the trial.
DISCLAIMER: Each case depends on its own facts & merits. The above does not constitute advice. Independent advice should be obtained in all instances.
Have a legal question? Ask Louis-the-Lawyer!
Send your questions for Advocate Louis Nel to pippa@indpendentwriting.co.za. We will respond to all your questions even if it takes time and additional research, so please be patient. However we will give preference to the most pressing and commonly asked ones.
