Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part II : Civil Matters

Chapter VI : Civil Jurisdiction

38. Abandonment of part claim
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(1)In order to bring a claim within the jurisdiction, a plaintiff may in his summons or at any time thereafter explicitly abandon part of such claim.

 

(2)If any part of a claim be so abandoned it shall thereby be finally extinguished:

Provided that, if the claim be upheld in part only, the abandonment shall be deemed first to take effect upon that part of the claim which is not upheld.