Jones v Krok (721/92) [1994] ZASCA 177; 1995 (1) SA 677 (AD); [1995] 2 All SA 30 (A) (29 November 1994)

Jones v Krok (721/92) [1994] ZASCA 177; 1995 (1) SA 677 (AD); [1995] 2 All SA 30 (A) (29 November 1994)

The Supreme Court of Appeal held that the refusal of provisional sentence on a foreign judgment, where the document is found not to be liquid due to lack of finality, is a final judgment or order and thus appealable. The Court found that the US judgment was final and conclusive for purposes of enforcement in South Africa, despite a pending appeal, because under Californian law, the judgment was enforceable unless a security bond was posted, which had not occurred. The fact that the judgment did not have res judicata effect in California did not preclude its finality for enforcement in South Africa. The Court confirmed that provisional sentence is a competent procedure for enforcing...

Citation
[1994] ZASCA 177
Parties
Appellant: Patricia Elizabeth Jones; Respondent: Solomon Krok
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 1994
Case Number
721/92
Procedural Posture
Civil Appeal / Appeal From Refusal of Provisional Sentence on Foreign Judgment; Application for Leave to Appeal and Merits Heard Together
Outcome
Appeal allowed; order of the court a quo set aside; proceedings stayed pending final determination of the appeal in California.
Judges
Corbett, Van Heerden, Kumleben, Nienaber, Olivier
Legal Topics
Enforcement of Foreign Judgments, Finality of Judgments, Public Policy Exception, Provisional Sentence, Liquid Document Requirement
Civil Procedure Commercial and Corporate Enforcement of Foreign Judgments Finality of Judgments Public Policy Exception Provisional Sentence Liquid Document Requirement

Case Brief

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Parties

Patricia Elizabeth Jones

Appellant

Solomon Krok

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Provisional Sentence on Foreign Judgment; Application for Leave to Appeal and Merits Heard Together

Legal Issues

  1. 1 Whether the refusal of provisional sentence on a foreign judgment is an appealable judgment or order.
  2. 2 Whether the foreign judgment is final and conclusive for purposes of enforcement in South Africa, despite a pending appeal in California.
  3. 3 Whether the award of punitive damages by a foreign court is contrary to South African public policy and precludes enforcement.

Ratio Decidendi

The Supreme Court of Appeal held that the refusal of provisional sentence on a foreign judgment, where the document is found not to be liquid due to lack of finality, is a final judgment or order and thus appealable. The Court found that the US judgment was final and conclusive for purposes of enforcement in South Africa, despite a pending appeal, because under Californian law, the judgment was enforceable unless a security bond was posted, which had not occurred. The fact that the judgment did not have res judicata effect in California did not preclude its finality for enforcement in South Africa. The Court confirmed that provisional sentence is a competent procedure for enforcing...

Court Disposition

Appeal allowed; order of the court a quo set aside; proceedings stayed pending final determination of the appeal in California.

Orders

  • The order refusing leave to appeal is set aside with costs and leave to appeal is granted with costs, including costs of two counsel.
  • The appeal is allowed with costs, including costs of two counsel.