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South Africa Case Law

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Civil Procedure [2016] ZAWCHC 80

Wile and Another v MEC for the Department of Home Affairs, Gauteng and Others (21150/2014)

Wile and Another v MEC for the Department of Home Affairs, Gauteng and Others (21150/2014) [2016] ZAWCHC 80; [2016] 3 All SA 945 (WCC); 2017 (1) SA 125 (WCC) (24 June 2016)

The court held that the provisional sentence procedure was inappropriate for the relief sought, but since all parties had engaged with the merits and the matter had been fully ventilated, it was treated as an application. The requirements for recognition of a foreign judgment were satisfied: the German court had jurisdiction, the order was final, and the proceedings complied with natural justice. The relief sought was limited to recognition of the German court's order only to the extent that it authorised the first plaintiff to assume the surname 'Morche' and the forename 'Merseram'. The cour…

  • Recognition Of Foreign Judgments
  • Adult Adoption
  • Change Of Name
  • Births And Deaths Registration Act
  • Public Policy Exception
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.