Joseph & Snyman (Pty) Ltd v Freedom Square (Pty) Ltd (1192 of 2014) [2015] NAHCMD 161 (7 September 2015)

Joseph & Snyman (Pty) Ltd v Freedom Square (Pty) Ltd (1192 of 2014) [2015] NAHCMD 161 (7 September 2015)

Attachment to found or confirm jurisdiction is necessary before a peregrinus can be joined as a third party; reciprocal enforcement legislation and consent clauses do not override this requirement unless the party has actually consented and is a party to the agreement.

Source-derived case information.

Citation
[2015] NAHCMD 161
Parties
Plaintiff: Joseph & Snyman (Pty) Ltd; Defendant: Freedom Square (Pty) Ltd
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
7 September 2015
Case Number
1192 of 2014
Procedural Posture
Civil / Interlocutory Application (joinder of Third Parties)
Outcome
application dismissed with costs
Legal Topics
Joinder of Parties, Jurisdiction Over Peregrini, Attachment to Found or Confirm Jurisdiction
Source Language
english
Civil Procedure Joinder of Parties Jurisdiction Over Peregrini Attachment to Found or Confirm Jurisdiction

Source-derived case record

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Parties

Joseph & Snyman (Pty) Ltd

Plaintiff

Freedom Square (Pty) Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application (joinder of Third Parties)

Legal Issues

  1. 1 Whether the High Court of Namibia has jurisdiction to join peregrini third parties without attachment to found or confirm jurisdiction
  2. 2 Whether consent to jurisdiction in a written agreement obviates the need for attachment
  3. 3 Whether legislative provisions for reciprocal enforcement of judgments affect jurisdiction requirements

Ratio Decidendi

Attachment to found or confirm jurisdiction is necessary before a peregrinus can be joined as a third party; reciprocal enforcement legislation and consent clauses do not override this requirement unless the party has actually consented and is a party to the agreement.

Court Disposition

application dismissed with costs

Orders

  • The application to join third parties is dismissed with costs, including costs of one instructing and one instructed counsel.