Laden and Another v MV "Dimitris" (534/1987)
Laden and Another v MV "Dimitris" (534/1987) [1989] ZASCA 76; [1989] 2 All SA 436 (A) (1 June 1989)
The Supreme Court of Appeal held that the appellants had established a prima facie cause of action against Astromando in both contract and delict, and that their claims were enforceable in the courts of South Yemen. The respondent failed to discharge the onus of proving that the Yemeni courts would not exercise jurisdiction or would not afford a fair trial. The court found that hearsay evidence regarding the cause of the fire was admissible under section 6(3) of the Admiralty Jurisdiction Regulation Act and carried sufficient weight to support the appellants' case. The court further held that…
Source excerpt
- Associated Ship Arrest
- Security Arrest
- Enforceability Of Foreign Judgments
- Exclusive Jurisdiction Clause
- Hearsay Evidence In Admiralty
- Onus Of Proof