South Africa Case Law

Fourie v Land en Landbou van Suid-Afrika (ECJ 2004/037)

Fourie v Land en Landbou van Suid-Afrika (ECJ 2004/037) [2004] ZAECHC 36 (20 October 2004)

Court

High Courts - Eastern Cape

Case number

CA694/2003

Judges

Jansen, Chetty, Maya

The court held that the South Eastern Cape Local Division did not have jurisdiction to declare executable immovable property situated in Alexandria, as the property falls outside its territorial jurisdiction. Section 26(1) of the Supreme Court Act No. 59 of 1959 does not expand the substantive jurisdiction of provincial or local divisions; it only facilitates the procedural aspects of service and execution of process throughout the Republic. The common law position remains that only the court where the property is situated (forum rei sitae) has jurisdiction over such property. The authorities…

Source excerpt

• Jurisdiction Of High Court
• Execution Of Immovable Property
• Forum Re Sitae
• Supreme Court Act Section 26