Akoodie and Another v Organi Mark (Pty) Ltd (11435/20) [2021] ZAGPPHC 648 (4 October 2021)

Akoodie and Another v Organi Mark (Pty) Ltd (11435/20) [2021] ZAGPPHC 648 (4 October 2021)

The court finds that the issue raised in the proposed amendment—whether the Eswatini Companies Act has extra-territorial effect and whether the South African court has jurisdiction to grant relief under section 361—is a triable issue. The court notes that determining the validity of the defendants' plea requires interpretation of a foreign statute, and there is no evidence before the court regarding the principles of statutory interpretation under Eswatini law. Accordingly, the court grants the defendants leave to amend their plea to incorporate the special plea, allowing the jurisdictional issue to be properly ventilated at a later stage. The court also finds that there were no...

Citation
[2021] ZAGPPHC 648
Parties
Applicant: G N E Akoodie; Applicant: J G Akoodie; Respondent: Organi Mark (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 October 2021
Case Number
11435/20
Procedural Posture
Civil Application / Application for Leave to Amend Plea
Outcome
Defendants are granted leave to amend their plea to incorporate the special plea challenging jurisdiction. Plaintiff is ordered to pay the costs of opposition.
Judges
E van der Schyff
Legal Topics
Amendment of Pleadings, Jurisdiction, Foreign Company Liability, Extra Territorial Application, Statutory Interpretation
Civil Procedure Commercial and Corporate Amendment of Pleadings Jurisdiction Foreign Company Liability Extra Territorial Application Statutory Interpretation

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Parties

G N E Akoodie

Applicant

J G Akoodie

Applicant

Organi Mark (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Application for Leave to Amend Plea

Legal Issues

  1. 1 Whether the defendants should be granted leave to amend their plea to introduce a special plea challenging the court's jurisdiction.
  2. 2 Whether the Eswatini Companies Act No 8 of 2009 has extra-territorial effect in South Africa.
  3. 3 Whether the reference to 'court' in section 361 of the Eswatini Companies Act refers to the High Court of Swaziland or the High Court of South Africa.

Ratio Decidendi

The court finds that the issue raised in the proposed amendment—whether the Eswatini Companies Act has extra-territorial effect and whether the South African court has jurisdiction to grant relief under section 361—is a triable issue. The court notes that determining the validity of the defendants' plea requires interpretation of a foreign statute, and there is no evidence before the court regarding the principles of statutory interpretation under Eswatini law. Accordingly, the court grants the defendants leave to amend their plea to incorporate the special plea, allowing the jurisdictional issue to be properly ventilated at a later stage. The court also finds that there were no...

Court Disposition

Defendants are granted leave to amend their plea to incorporate the special plea challenging jurisdiction. Plaintiff is ordered to pay the costs of opposition.

Orders

  • The defendants are granted leave to amend their plea in accordance with the notice of intention to amend dated 7 July 2021.
  • The defendants shall deliver an amended plea within five days of this order.