Litigation

Litigation Law

Claiming through litigation law is a process where one person (the ‘plaintiff’ or ‘applicant’) sues the other (the ‘defendant’ or ‘respondent’) in court for a claim sounding in money, to resolve a dispute, to enforce a contract, to get divorced, etc.

Which court you proceed out of depends on the amount in dispute:

  • Below R15 000 – the Small Claims Court,
  • Below R200 000 –  the District Magistrate’s Court,
  • More than R200 000 but less than R400 000 –  the Regional Magistrate’s Court,
  • More than R400 000 – the High Court.

In ‘status’ matters, such as divorce, insolvency or rehabilitation, only a High Court has jurisdiction to hear the claim.

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