Hassam NO and Others v Moosa and Others (33657/2010) [2012] ZAGPPHC 311 (30 November 2012)

Hassam NO and Others v Moosa and Others (33657/2010) [2012] ZAGPPHC 311 (30 November 2012)

The court found that the main defendant, against whom the substantial relief is sought, resides outside the jurisdiction of the North Gauteng High Court. The plaintiffs failed to prove the location of the shares or the existence of the share register within the court's jurisdiction. Relief sought against the third defendant was merely to record the true state of affairs and did not confer jurisdiction. Section 19(1)(b) of the Supreme Court Act does not extend jurisdiction to the main defendant in these circumstances. The special plea on jurisdiction was upheld and the matter struck off the roll.

Citation
[2012] ZAGPPHC 311
Parties
Plaintiff: Sikander Amod Hassam NO; Plaintiff: Muneera Hassam NO; Plaintiff: Mahomed Rafik Osman Siddie Akoo NO; Plaintiff: Abdool Kader Moosa NO; Plaintiff: Fayyaz Moosa NO; Plaintiff: Asif Moosa NO; Defendant: Shaukat Alli Moosa; Defendant: Osman Abdul Latiff Dada; Defendant: Ranava Investments (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 November 2012
Case Number
33657/2010
Procedural Posture
Civil Trial / Special Plea on Jurisdiction
Outcome
Special plea upheld; matter struck off the roll for lack of jurisdiction with costs.
Judges
Phatudi
Legal Topics
Jurisdiction, Joinder of Parties, Rectification of Share Register, Declaratory Relief
Civil Procedure Commercial and Corporate Jurisdiction Joinder of Parties Rectification of Share Register Declaratory Relief

Case Brief

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Parties

Sikander Amod Hassam NO

Plaintiff

Muneera Hassam NO

Plaintiff

Mahomed Rafik Osman Siddie Akoo NO

Plaintiff

Abdool Kader Moosa NO

Plaintiff

Fayyaz Moosa NO

Plaintiff

Asif Moosa NO

Plaintiff

Shaukat Alli Moosa

Defendant

Osman Abdul Latiff Dada

Defendant

Ranava Investments (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Special Plea on Jurisdiction

Legal Issues

  1. 1 Whether the North Gauteng High Court has jurisdiction over the first defendant who resides in Pietermaritzburg.
  2. 2 Whether section 19(1)(b) of the Supreme Court Act extends jurisdiction to the main defendant not resident within the court's area.
  3. 3 Whether relief sought against the third defendant is sufficient to confer jurisdiction.

Ratio Decidendi

The court found that the main defendant, against whom the substantial relief is sought, resides outside the jurisdiction of the North Gauteng High Court. The plaintiffs failed to prove the location of the shares or the existence of the share register within the court's jurisdiction. Relief sought against the third defendant was merely to record the true state of affairs and did not confer jurisdiction. Section 19(1)(b) of the Supreme Court Act does not extend jurisdiction to the main defendant in these circumstances. The special plea on jurisdiction was upheld and the matter struck off the roll.

Court Disposition

Special plea upheld; matter struck off the roll for lack of jurisdiction with costs.

Orders

  • The special plea is upheld.
  • This matter is struck off the roll for lack of jurisdiction with costs.