South Africa Case Law

Jamieson v Sabingo (329/2000)

Jamieson v Sabingo (329/2000) [2002] ZASCA 20; [2002] 3 All SA 392 (A); 2002 (4) SA 49 (SCA) (27 March 2002)

Court

Supreme Court of Appeal

Case number

329/2000

Judges

Nienaber, Farlam, Navsa, Mthiyane, Lewis

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…

Source excerpt

• Attachment To Confirm Jurisdiction
• Submission To Jurisdiction
• Actor Sequitur Forum Rei
• Effectiveness Of Judgment