Obiang v Van Rensburg and Another (A338/2018) [2019] ZAWCHC 105; [2019] 4 All SA 287 (WCC) (20 August 2019)

Obiang v Van Rensburg and Another (A338/2018) [2019] ZAWCHC 105; [2019] 4 All SA 287 (WCC) (20 August 2019)

The court held that the order confirming attachment to found jurisdiction is final in effect and thus appealable. There was no material non-disclosure by Mr. van Rensburg in the ex parte application that would warrant setting aside the attachment order. On the evidence, Mr. van Rensburg established a prima facie...

Source-derived case information.

Citation
[2019] ZAWCHC 105
Parties
Appellant: Theodorin Nguema Obiang; Respondent: Daniel Welman Janse Van Rensburg; Respondent: Registrar of Deeds, Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 August 2019
Case Number
A338/2018
Procedural Posture
Civil Appeal / Appeal Against Confirmation of Attachment Order to Found Jurisdiction
Outcome
Appeal dismissed with costs, including costs of two counsel where so employed.
Judges
R. Allie, P.A.L. Gamble, N.P. Boqwana
Legal Topics
Attachment to Found Jurisdiction, Prima Facie Case, Act of State Doctrine, Wrongful Detention, Personal Liability of State Officials
Civil Procedure Delict Attachment to Found Jurisdiction Prima Facie Case Act of State Doctrine Wrongful Detention Personal Liability of State Officials

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Parties

Theodorin Nguema Obiang

Appellant

Daniel Welman Janse Van Rensburg

Respondent

Registrar of Deeds, Cape Town

Respondent

Procedural Posture

Civil Appeal / Appeal Against Confirmation of Attachment Order to Found Jurisdiction

Legal Issues

  1. 1 Is an order for attachment to found jurisdiction pendente lite final in effect and therefore appealable?
  2. 2 Did Mr. van Rensburg fail to disclose material facts in the ex parte application for attachment?
  3. 3 Has Mr. van Rensburg made out a prima facie case in delict against Mr. Obiang personally?

Ratio Decidendi

The court held that the order confirming attachment to found jurisdiction is final in effect and thus appealable. There was no material non-disclosure by Mr. van Rensburg in the ex parte application that would warrant setting aside the attachment order. On the evidence, Mr. van Rensburg established a prima facie case in delict against Mr. Obiang personally, based on allegations that Mr. Obiang, acting in his personal capacity and through his control of the Rapid Intervention Force, ordered and maintained Mr. van Rensburg's wrongful detention to advance private interests. The act of state doctrine, while recognized in South African law, should not be finally determined at the interlocutory...

Court Disposition

Appeal dismissed with costs, including costs of two counsel where so employed.

Orders

  • The appeal is dismissed.
  • The costs of the appeal, including the costs of two counsel where so employed, are awarded against the appellant.