Jamieson: In re Jamieson v Sabingo (99/17038, 99/17459), Ex parte [2000] ZAGPHC 9; 2001 (2) SA 775 (W) (13 April 2000)

Jamieson: In re Jamieson v Sabingo (99/17038, 99/17459), Ex parte [2000] ZAGPHC 9; 2001 (2) SA 775 (W) (13 April 2000)

The court found that the defendant, a foreign resident, had consented to the jurisdiction of the South African court after the ex parte application for attachment but before the attachment was effected. Relying on the binding authority of American Flag plc v Great African T-Shirt Corporation CC, the court held that such consent is sufficient to confer jurisdiction and that attachment should not be permitted in these circumstances. The court acknowledged reservations about the correctness of the American Flag decision and its interpretation of Veneta Wineraria Spa v Carolina Collieries (Pty) Ltd, but was bound to follow it. The rule nisi was discharged, the attachment set aside, and costs...

Citation
[2000] ZAGPHC 9
Parties
Applicant: Jamieson, Neil; Plaintiff: Jamieson, Neil; Defendant: Sabingo, Amindo Cesar
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
13 April 2000
Case Number
99/17038, 99/17459
Procedural Posture
Urgent Application / Application for Confirmation or Discharge of Rule Nisi and Attachment to Found Jurisdiction
Outcome
The rule nisi is discharged, the attachment is set aside, and all costs are awarded against the plaintiff.
Judges
Willis
Legal Topics
Attachment to Found Jurisdiction, Consent to Jurisdiction, Rule Nisi, Costs Orders
Civil Procedure Attachment to Found Jurisdiction Consent to Jurisdiction Rule Nisi Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Jamieson, Neil

Applicant

Jamieson, Neil

Plaintiff

Sabingo, Amindo Cesar

Defendant

Procedural Posture

Urgent Application / Application for Confirmation or Discharge of Rule Nisi and Attachment to Found Jurisdiction

Legal Issues

  1. 1 Whether the attachment of the defendant's right, title and interest in a judgment against Madiba Air (Pty) Ltd should be confirmed or set aside.
  2. 2 Whether the defendant's subsequent consent to the jurisdiction of the court renders the attachment unnecessary or impermissible.
  3. 3 Whether the rule nisi should be discharged or reinstated.

Ratio Decidendi

The court found that the defendant, a foreign resident, had consented to the jurisdiction of the South African court after the ex parte application for attachment but before the attachment was effected. Relying on the binding authority of American Flag plc v Great African T-Shirt Corporation CC, the court held that such consent is sufficient to confer jurisdiction and that attachment should not be permitted in these circumstances. The court acknowledged reservations about the correctness of the American Flag decision and its interpretation of Veneta Wineraria Spa v Carolina Collieries (Pty) Ltd, but was bound to follow it. The rule nisi was discharged, the attachment set aside, and costs...

Court Disposition

The rule nisi is discharged, the attachment is set aside, and all costs are awarded against the plaintiff.

Orders

  • The rule nisi granted by Malan J on 13 July 1999 is discharged.
  • The attachment of the defendant's right, title and interest in the judgment against Madiba Air (Pty) Ltd under Case No. 97/2919 is set aside.