Comparison View

Formal Consolidation |  2020 RevEd
Transfer of claim, etc., from tribunal to court
20.—(1)  Where any claim, counterclaim or set‑off and counterclaim in proceedings before a tribunal is or includes a claim or matter not within the tribunal’s jurisdiction (called in this section the non‑relevant claim), any party in the proceedings may apply to an appropriate court for an order that the whole proceedings, or the proceedings on the non‑relevant claim, be transferred to that court.
(2)  On an application referred to in subsection (1), the court may order —
(a)that the whole proceedings be transferred to that court; or
(b)that the proceedings relating only to the non‑relevant claim be transferred to that court, and that the proceedings relating to the claim in which a tribunal has jurisdiction (called in this section the relevant claim) be heard before the tribunal.
(3)  Where an order is made under subsection (2)(b) and the tribunal gives judgment to the plaintiff on the relevant claim, execution on the judgment is, unless the court (to which the non‑relevant claim is transferred) at any time otherwise orders, to be stayed until the proceedings transferred to that court have been concluded.
Informal Consolidation | Amended Act 25 of 2021
Transfer of claim, etc., from tribunal to court
20.—(1)  Where any claim, counterclaim or set‑off and counterclaim in proceedings before a tribunal is or includes a claim or matter not within the tribunal’s jurisdiction (called in this section the non‑relevant claim), any party in the proceedings may apply to an appropriate court for an order that the whole proceedings, or the proceedings on the non‑relevant claim, be transferred to that court.
(2)  On an application referred to in subsection (1), the court may order —
(a)that the whole proceedings be transferred to that court; or
(b)that the proceedings relating only to the non‑relevant claim be transferred to that court, and that the proceedings relating to the claim in which a tribunal has jurisdiction (called in this section the relevant claim) be heard before the tribunal.
(3)  Where an order is made under subsection (2)(b) and the tribunal gives judgment to the claimant on the relevant claim, enforcement of the judgment is, unless the court (to which the non‑relevant claim is transferred) at any time otherwise orders, to be stayed until the proceedings transferred to that court have been concluded.
[Act 25 of 2021 wef 01/04/2022]