Magistrates' Courts Act, 1944 (Act No. 32 of 1944)Part II: Civil MattersChapter XI: Appeal and Review86. Respondent may abandon judgment |
| (1) | A party may by notice in writing abandon the whole or any part of a judgment in his favour. |
| (2) | Where the party so abandoning was the plaintiff, or applicant, judgment in respect of the part abandoned shall be entered for the defendant or respondent with costs. |
| (3) | Where the party so abandoning was the defendant or respondent, judgment in respect of the part abandoned shall be entered for the plaintiff or applicant in terms of the claim in the summons or application. |
| (4) | A judgment so entered shall have the same effect in all respects as if it had been the judgment originally pronounced by the court in the action or matter. |
| (5) | If a party abandons a judgment given in his or her favour because the judgment debt, the interest thereon at the rate granted in the judgment and the costs have been paid, no judgment referred to in subsection (2) or (3) shall be entered in favour of the other party. |
[Section 86(5) inserted by section 12 of Notice No. 769, GG 41017, dated 2 August 2017]