South Africa Case Law

Mapula Solutions (Pty) Ltd v African Banking Corporation of Zambia Limited and Others (33936/2016)

Mapula Solutions (Pty) Ltd v African Banking Corporation of Zambia Limited and Others (33936/2016) [2018] ZAGPJHC 651 (12 December 2018)

Court

South Gauteng High Court, Johannesburg

Case number

33936/2016

Judge

M Tsoka

The court held that the finding by Weiner J regarding irregular service of summons in the rescission application was interlocutory and did not finally dispose of any substantive issue in the main action. Therefore, it does not constitute res judicata or issue estoppel and cannot preclude Mapula Solutions from pursuing its claim. The court further found that it has jurisdiction over all four defendants, including the foreign entities, as the debt rescheduling agreement was concluded in South Africa, governed by South African law, and the factual events giving rise to the claim are common to al…

Source excerpt

• Res Judicata Estoppel
• Jurisdiction Over Peregrini
• Forum Conveniens
• Service Of Process
• Debt Rescheduling Agreement

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)

Court

North Gauteng High Court, Pretoria

Case number

35347/13; 30004/13

Judge

Fabricius

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

Congress of the People and Others v Lekota and Others (4636/11)

Congress of the People and Others v Lekota and Others (4636/11) [2011] ZAWCHC 183 (24 March 2011)

Court

Western Cape High Court, Cape Town

Case number

4636/11

Judge

Bozalek

The court stayed a referral-to-evidence application in a COPE leadership dispute, pending an intervention application in related Gauteng proceedings.

• Interdict
• Internal Party Governance
• Forum Conveniens
• Stay Of Proceedings
• Dispute Of Fact
• Constitutional Interpretation