s 30
In forceOther transfers
Part 6Other transfers
30 Other transfers
S. 30(1) amended by No. 38/2017 s. 66.
(1)
The Supreme Court or the County Court may, of its own motion or on the application of a party to a proceeding pending in that court, order that the proceeding be transferred to a lower court.
(2)
An order may only be made by a court under subsection (1) if it is satisfied—
(a)
that it does not have exclusive jurisdiction to hear and determine the proceeding; and
(b)
that—
(i)
the lower court has jurisdiction to hear and determine the proceeding; or
(ii)
the parties consent to the transfer; and
(c)
that in all the circumstances it is desirable to make the order.
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