South Africa Case Law

Brandenburg Partners Limited v Honigwachs and Others (14135/2022)

Brandenburg Partners Limited v Honigwachs and Others (14135/2022) [2024] ZAWCHC 279 (25 September 2024)

Court

Western Cape High Court, Cape Town

Case number

14135/2022

Judge

B J Manca

The court found that the objections raised by the defendants were insufficient to disallow the plaintiff's amendment. All present defendants are within the court's jurisdiction, and issues of forum non conveniens and prescription are triable matters to be determined at trial, not at the amendment stage. The court held that the plaintiff was not required to plead expert evidence on foreign law at this stage, only the relevant duties and breaches under the contracts governed by foreign law. The particulars of claim adequately pleaded the basis for piercing the corporate veil and holding the ind…

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• Amendment Of Pleadings
• Joinder Of Parties
• Edictal Citation
• Piercing Corporate Veil
• Fiduciary Duties
• Foreign Law Contracts

Engels and Another v Minister of International Relations and Cooperation and Others (Embassy of the Republic of Zimbabwe Intervening) (58792/2017)

Engels and Another v Minister of International Relations and Cooperation and Others (Embassy of the Republic of Zimbabwe Intervening) (58792/2017) [2017] ZAGPPHC 667 (6 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

58792/2017

Judge

Kooverjie

Interlocutory ruling on intervention and locus standi in an ex parte application for edictal citation and substituted service.

• Locus Standi
• Intervention Application
• Substituted Service
• Edictal Citation
• Diplomatic Immunity
• Locus-standi

Ex parte: Balkan Energy Limited and Another; In re: Balkan Energy Limited and Another v Government of the Republic of Ghana (17/18638)

Ex parte: Balkan Energy Limited and Another; In re: Balkan Energy Limited and Another v Government of the Republic of Ghana (17/18638) [2017] ZAGPJHC 197; 2017 (5) SA 428 (GJ) (29 June 2017)

Court

South Gauteng High Court, Johannesburg

Case number

17/18638

Judge

S Kuny

The court held that it has jurisdiction to recognise and enforce the foreign arbitral award under section 2 of the Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977, provided that property of the respondent is attached within the jurisdiction. The attachment of shares in AngloGold Ashanti Limited, held by the Government of Ghana, is sufficient to found jurisdiction. The Power Purchase Agreement does not fall within the scope of the Protection of Businesses Act, as it concerns the supply of electricity and not raw materials. Clause 24 of the PPA constitutes a waiver of immu…

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• Recognition And Enforcement Of Foreign Arbitral Awards
• Attachment To Found Jurisdiction
• Foreign State Immunity
• Edictal Citation
• New York Convention
• Protection Of Businesses Act

Cole v Kallie; In re: Kallie v Cole and Others (03863/2014)

Cole v Kallie; In re: Kallie v Cole and Others (03863/2014) [2016] ZAGPJHC 206 (29 July 2016)

Court

South Gauteng High Court, Johannesburg

Case number

03863/2014

Judge

Ngomane

The court found that service of the main application was properly effected at Cole's chosen domicilium citandi et executandi as stipulated in the shareholders agreement, in accordance with Rule 4(1)(a)(iv) of the Uniform Rules. There was no basis for service by edictal citation, and Cole was aware of the proceedings but failed to oppose. The court held that it had jurisdiction over Cole and the subject matter, as the relevant facts and contractual connections were within its territorial jurisdiction. No error or irregularity was established in the granting of the original order, and the requi…

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• Rescission Of Judgment
• Service At Domicilium
• Jurisdiction Of High Court
• Rule 42 Uniform Rules
• Edictal Citation