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Visser NO and Others v Van Niekerk and Others (5937/16) [2018] ZAFSHC 200 (9 November 2018)
The court dismissed a special plea challenging jurisdiction, holding that the Free State High Court had jurisdiction over the parties and dispute.
Visser N.O and Others v Van Niekerk and Others (5937/16) [2018] ZAFSHC 218 (9 November 2018)
The High Court dismissed a special plea challenging jurisdiction, holding that the Free State court had jurisdiction and that no prejudice was shown.
Jamieson v Sabingo (329/2000) [2002] ZASCA 20; [2002] 3 All SA 392 (A); 2002 (4) SA 49 (SCA) (27 March 2002)
The Supreme Court of Appeal held that the purpose of attachment to confirm jurisdiction is to ensure the court can give an effective judgment. Where a defendant voluntarily submits to the court's jurisdiction, whether unilaterally or bilaterally, the judgment will be internationally enforceable and binds the whole property of the judgment debtor. Therefore, the necessity for attachment falls away upon voluntary submission, regardless of whether the submission is unilateral or bilateral. The timing of the submission is also critical; if submission occurs before the attachment is executed, atta…
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Spendiff NO v Kolektor (Pty) Ltd. (267/91) [1992] ZASCA 18; 1992 (2) SA 537 (AD); [1992] 2 All SA 50 (A) (12 March 1992)
The Supreme Court of Appeal held that the jurisdictional criteria in section 149(1) of the Insolvency Act do not determine which court has jurisdiction to set aside a disposition not made for value under section 26(1). The definition of 'court' in the Insolvency Act does not confer jurisdiction over third parties; rather, ordinary principles of jurisdiction apply, meaning the defendant must be sued in his forum or where the cause of action arose. The court rejected the appellant's arguments based on the Companies Act and common law, finding that neither the fact that the winding up order was…
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