PART 3CIVIL PROCEDURE

CHAPTER 1SHERIFF COURT

Interdicts and other orders: effect outside sheriffdom

I185Proceedings for breach of an extended interdict

1

In this section, “extended interdict” means an interdict granted by a sheriff, by virtue of section 84(1), having effect in relation to conduct at places outside the sheriff's sheriffdom.

2

Proceedings for breach of an extended interdict may be brought before a sheriff of the sheriffdom—

a

in which the defender is domiciled,

b

in which the interdict was granted,

c

in which the alleged breach occurred.

3

A sheriff before whom proceedings for breach of an extended interdict are brought may make an order transferring the proceedings to a sheriff of another sheriffdom (whether or not one mentioned in subsection (2)) if satisfied that it would be more appropriate for the proceedings to be dealt with by a sheriff of the other sheriffdom.

4

A sheriff may make an order under subsection (3)—

a

on the application of a party to the proceedings, or

b

on the sheriff's own initiative.

5

Where an order is made under subsection (3), a sheriff of the sheriffdom to whom the proceedings are to be transferred has jurisdiction and competence to consider and determine the proceedings.

6

This section does not affect any power that a sheriff has to decline jurisdiction in any case.