I am engaged in a civil dispute.
I live in the Cape, but received summons to appear in a court in Gauteng.
Normally, the court hearing is where the Defendant resides, unless there is a compelling reason otherwise eg the incident took place in anther magisterial district. For example, if you assaulted somebody in a bar in Parys, then that is where the case will be heard irrespective of the fact that you live in Cape Town.
In my particular case, I sent an email from my home in the Cape to this person in Gauteng. His attorney is now claiming that this email was "published" in Gauteng because that is where the recipient read it on his computer, and thus the court in Gauteng MUST have jurisdiction.
My contention is that the email was "published" in the Cape (when I sent it), and thus the court hearing should properly - and more naturally - be in MY home town.
How should this be handled? What are the issues that the court would consider in coming to a decision in this regard? (eg the Defendant has no money for travel; the issues is not serious enough that it MUST be compelled to be at the Plaintiff's court?).
Obviously, the Plaintiff will always want the convenience of having a hearing at "his" court, and will naturally apply for that if he can get away with it. So, how to fight this??