Ebeling v Koch and Others (Appeal) (A 169/2024) [2025] ZAWCHC 59; [2025] 3 All SA 151 (WCC); 2025 (4) SA 584 (WCC) (21 February 2025)
Court
Western Cape High Court, Cape Town
Case number
A169/2024
Judges
R Henney, J Cloete, C N Nziweni
The High Court held that the appellant had a prima facie claim and standing to support attachment of property to found jurisdiction in a foreign defendant case.
Van Rensburg v Obiang (21748/2014) [2021] ZAWCHC 128 (18 June 2021)
Court
Western Cape High Court, Cape Town
Case number
21748/2014
Judge
Lekhuleni
The court found that the plaintiff was unlawfully arrested, detained, and tortured in Equatorial Guinea at the instance of the defendant, who abused his official position for private interests. The deprivation of liberty was malicious, without lawful cause, and effected through the defendant's control of the Rapid Intervention Force. The plaintiff's evidence, including expert psychological and actuarial reports, was uncontested and established severe physical and psychological harm, as well as permanent impairment of earning capacity. The court accepted the actuarial calculations and corrobor…
Kruger Investments Group Limited and Another v Nuberry Holdings Limited and Others (14184/15) [2015] ZAWCHC 159 (30 October 2015)
Court
Western Cape High Court, Cape Town
Case number
14184/15
Judge
Van Rooyen
The court found that Nuberry is the legal owner of the shares and loan claims in Tyrecor and Falck for purposes of attachment, as Nuberry is the registered shareholder in the securities registers pursuant to the Companies Act. The applicants' claim to ownership based on constructive trust does not confer automatic ownership; a court order is required to establish such rights. The attachment of Nuberry's assets is effective and justified, as the shares and claims exist and are capable of being transferred to the applicants if they succeed in the main action. The interim interdict and attachmen…
Rees and Others v Harris and Others (A5070/10) [2011] ZAGPJHC 237; 2012 (1) SA 583 (GSJ) (10 November 2011)
Court
South Gauteng High Court, Johannesburg
Case number
A5070/10
Judges
Saldulker, Mayat
High Court appeal about attachment to found jurisdiction: bank account attachments were confirmed, but attachment of Aljebami trust assets was discharged.
Marcom International Coatings Group (Pty) Limited v Ferreira (10870/2008) [2008] ZAWCHC 97 (12 December 2008)
Court
Western Cape High Court, Cape Town
Case number
10870/2008
Judge
Baartman
The court found that the applicant had proved the existence of genuine cession agreements with Marmoram Dubai and Marmoram South Africa. The cessions were not simulated or designed to circumvent a legal impediment, as the respondent was an incola at the time of cession. The court distinguished the facts from Skjelbreds Rederi, finding the present case aligned with Hippo Quarries, where a valid cession is not invalid merely because the cessionary collects for the benefit of the cedent. The court held that the applicant was entitled to confirmation of the attachment order, as the cessions were…
Disney Enterprises, Inc v Griesel NO and Others (12003/04) [2004] ZAGPJHC 1 (7 September 2004)
Court
South Gauteng High Court, Johannesburg
Case number
12003/04
Judge
H Daniels
The court found that the first respondent was prima facie properly appointed to represent the estate and was entitled to institute proceedings. The respondent established a prima facie case of copyright infringement by showing that the applicant, through its licensing arrangements, may have caused or authorised the alleged infringing acts in South Africa. The applicant's arguments regarding lack of direct involvement and non-disclosure of material facts were insufficient to warrant setting aside the ex parte attachment order. The court exercised its discretion in favour of the respondent, not…
Simon NO v Air Operations of Europe AB and Others (354/96) [1998] ZASCA 79; 1999 (1) SA 217 (SCA); [1998] 4 All SA 573 (A) (25 September 1998)
Court
Supreme Court of Appeal
Case number
354/96
Judges
Smalberger, Howie, Plewman, Streicher, Ngoepe
The Supreme Court of Appeal dismissed a liquidator’s appeal seeking attachment and an interdict over aircraft lease payments held for a foreign financier.
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)
Court
Supreme Court of Appeal
Case number
277/92
Judges
Hoexter, Vivier, Eksteen, F H Grosskopf, Van Coller
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 en…
Ewing McDonald & Co. Ltd. v M & M Products Company and Others (199/89) [1990] ZASCA 115; 1991 (1) SA 252 (AD); [1991] 1 All SA 319(A) (28 September 1990)
Court
Supreme Court of Appeal
Case number
199/89
Judges
Van Heerden, Smalberger, Nicholas, Friedman, Nienaber
The Supreme Court of Appeal held that the jurisdiction of a division of the Supreme Court is strictly territorial. Section 26(1) of the Supreme Court Act does not confer jurisdiction over persons or property outside the division's area; it merely facilitates the execution of process throughout the Republic. The principle of effectiveness, while central to jurisdiction, does not override the territorial limits imposed by statute and common law. Attachment of property to found or confirm jurisdiction must be limited to property within the court's territorial area. The appellant's argument that…
