Courts of Justice Act, 1936

Right to abandon excess in Circuit Court.

23.—(1) No cause of action for a liquidated sum in excess of three hundred pounds shall be split or divided, so as to be made the ground of two or more different actions, in order to bring such action within the jurisdiction of the Circuit Court and, if any cause of action is so split or divided, proceedings shall not (save as is authorised by the next following sub-section of this section) be sustainable in the Circuit Court in respect of any portion of such cause of action.

(2) A person having a cause of action for a liquidated sum in excess of three hundred pounds may institute one proceeding in the Circuit Court founded on such cause of action if the amount claimed in such proceeding does not exceed three hundred pounds and it is stated in the document originating such proceeding that the plaintiff thereby abandons all claims founded on such cause of action and not included in such proceeding.

(3) If in any such proceeding as is authorised by the next preceding sub-section of this section the Court gives judgment in favour of the plaintiff, the Court shall state in such judgment that the amount thereby awarded to the plaintiff is in full satisfaction of all claims which, in pursuance of the said sub-section, are stated in the document originating such proceeding to be thereby abandoned by the plaintiff.