Purser v Sales (613/98) [2000] ZASCA 46; 2001 (3) SA 445 (SCA) ; [2001] 1 All SA 25 (A) (28 September 2000)

Purser v Sales (613/98) [2000] ZASCA 46; 2001 (3) SA 445 (SCA) ; [2001] 1 All SA 25 (A) (28 September 2000)

The Supreme Court of Appeal held that the appellant, by participating fully in the English proceedings and failing to object to the jurisdiction of the English court prior to litis contestatio, had submitted to the jurisdiction of that court. South African law recognises submission to jurisdiction by conduct, including tacit waiver through pleading to the merits. The appellant's argument that he had no choice but to defend the action was rejected, as he could have objected to jurisdiction under English procedure. The requirements for enforcement of a foreign judgment were satisfied, and the judgment of the English court was enforceable in South Africa.

Citation
[2000] ZASCA 46
Parties
Appellant: Frank Albert William Purser; Appellant: Jeanne Patricia Purser; Respondent: Alan Edward Sales; Respondent: Sandra Jacoueline Sales
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 2000
Case Number
613/98
Procedural Posture
Civil Appeal / Appeal From Provisional Sentence Granted by High Court
Outcome
The appeal is dismissed with costs.
Judges
HEFER, MARAIS, ZULMAN, MPATI, MTHIYANE
Legal Topics
Enforcement of Foreign Judgments, Submission to Jurisdiction, Provisional Sentence, Waiver of Jurisdiction Objection
Civil Procedure Commercial and Corporate Enforcement of Foreign Judgments Submission to Jurisdiction Provisional Sentence Waiver of Jurisdiction Objection

Case Brief

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Parties

Frank Albert William Purser

Appellant

Jeanne Patricia Purser

Appellant

Alan Edward Sales

Respondent

Sandra Jacoueline Sales

Respondent

Procedural Posture

Civil Appeal / Appeal From Provisional Sentence Granted by High Court

Legal Issues

  1. 1 Whether the failure to object to the jurisdiction of the foreign court amounts to submission to that court's jurisdiction.
  2. 2 Whether the English court was a court of competent jurisdiction for purposes of enforcement in South Africa.
  3. 3 Whether the appellant's participation in the foreign proceedings constituted a waiver of objection to jurisdiction.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant, by participating fully in the English proceedings and failing to object to the jurisdiction of the English court prior to litis contestatio, had submitted to the jurisdiction of that court. South African law recognises submission to jurisdiction by conduct, including tacit waiver through pleading to the merits. The appellant's argument that he had no choice but to defend the action was rejected, as he could have objected to jurisdiction under English procedure. The requirements for enforcement of a foreign judgment were satisfied, and the judgment of the English court was enforceable in South Africa.

Court Disposition

The appeal is dismissed with costs.

Orders

  • The appeal is dismissed with costs.