Siemens Ltd. v Offshore Marine Engineering (277/92) [1993] ZASCA 87; 1993 (3) SA 913 (AD); [1993] 2 All SA 437 (A) (28 May 1993)

Siemens Ltd. v Offshore Marine Engineering (277/92) [1993] ZASCA 87; 1993 (3) SA 913 (AD); [1993] 2 All SA 437 (A) (28 May 1993)

The Supreme Court of Appeal held that South African law and practice, as established by a long and largely uniform chain of decisions, require both a recognised ratio jurisdictionis and arrest or attachment to found jurisdiction where both plaintiff and defendant are peregrini of the division. The court rejected the argument that a local peregrinus should be treated as an incola of the Republic for purposes of attachment, finding such a position artificial and legally inaccurate. The court affirmed rule (c) as enunciated by Nienaber AJA in Ewing McDonald, and declined to interfere with the entrenched practice contrary to the so-called Natal rule. The appeal was dismissed, and the...

Citation
[1993] ZASCA 87
Parties
Appellant: Siemens Limited; Respondent: Offshore Marine Engineering Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 May 1993
Case Number
277/92
Procedural Posture
Civil Appeal / Appeal From Refusal of Ex Parte Application for Attachment Ad Fundandam Jurisdictionem
Outcome
Appeal dismissed.
Judges
Hoexter, Vivier, Eksteen, F H Grosskopf, Van Coller
Legal Topics
Attachment Ad Fundandam Jurisdictionem, Peregrinus Jurisdiction, Ratio Jurisdictionis, Roman Dutch Law Practice
Civil Procedure Attachment Ad Fundandam Jurisdictionem Peregrinus Jurisdiction Ratio Jurisdictionis Roman Dutch Law Practice

Case Brief

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Parties

Siemens Limited

Appellant

Offshore Marine Engineering Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Ex Parte Application for Attachment Ad Fundandam Jurisdictionem

Legal Issues

  1. 1 Whether a local peregrinus plaintiff may obtain attachment ad fundandam jurisdictionem against a foreign peregrinus defendant in a South African division where neither party is domiciled or resident.
  2. 2 Whether longstanding South African practice permits such attachment absent a recognised ratio jurisdictionis.

Ratio Decidendi

The Supreme Court of Appeal held that South African law and practice, as established by a long and largely uniform chain of decisions, require both a recognised ratio jurisdictionis and arrest or attachment to found jurisdiction where both plaintiff and defendant are peregrini of the division. The court rejected the argument that a local peregrinus should be treated as an incola of the Republic for purposes of attachment, finding such a position artificial and legally inaccurate. The court affirmed rule (c) as enunciated by Nienaber AJA in Ewing McDonald, and declined to interfere with the entrenched practice contrary to the so-called Natal rule. The appeal was dismissed, and the...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed with costs.