Multi-links Telecommunications Ltd v Africa Prepaid Services Nigeria Ltd (35347/13, 30004/13)
Multi-links Telecommunications Ltd v Africa Prepaid Services Nigeria Ltd (35347/13, 30004/13) [2013] ZAGPPHC 261; [2013] 4 All SA 346 (GNP); 2014 (3) SA 265 (GP) (6 September 2013)
The court held that, although APSN is a foreign peregrinus, the North Gauteng High Court may exercise jurisdiction based on sufficient connecting factors, appropriateness, and convenience, as developed in Strang and subsequent case law. The arbitration agreement specified South African law and venue, APSN's principal agent was domiciled in the jurisdiction, and most relevant events and parties were connected to South Africa. The court found that Multi-Links and Telkom had raised a triable issue regarding jurisdiction and that the question should be finally determined by the trial court, not a…
Source excerpt
- Forum Conveniens
- Arbitration Agreement
- Jurisdiction Over Foreign Defendants
- Attachment To Found Jurisdiction
- Continentia Causae
- Misrepresentation