Pointer Fashion International CC v Adams & Adams Attorneys and Others (11747/2012) [2013] ZAGPPHC 59; 2013 BIP 180 (GNP) (15 February 2013)
Court
North Gauteng High Court, Pretoria
Case number
11747/2012
Judge
W RC Prinsloo
High Court granted leave to file a supplementary affidavit, holding the new legal point could be raised and that the respondents would not be prejudiced.
Gallo Africa Ltd and Others v Sting Music (Pty) Ltd and Others (40/2010) [2010] ZASCA 96; 2010 (6) SA 329 (SCA); [2011] 1 All SA 449 (SCA); 2010 BIP 256 (SCA) (3 September 2010)
Court
Supreme Court of Appeal
Case number
40/2010
Judges
Harms, Nugent, Lewis, Ponnan, Cachalia
South African courts do not have jurisdiction to adjudicate claims for infringement of foreign copyright, as copyright is an immovable intangible right subject to the territorial principle. The forum rei sitae, i.e., the court of the country where the copyright subsists, has exclusive jurisdiction over such claims. The fact that the defendant is an incola or domiciled in South Africa is irrelevant to jurisdiction over foreign copyright. Section 19(1)(a) of the Supreme Court Act does not extend jurisdiction to foreign copyright claims, and the Berne Convention does not alter this position. The…
Rogalla Von Biberstein Investment Company (Pty) Ltd v Green Willows Properties 215 (Pty) Ltd (9400/07) [2009] ZAWCHC 172 (10 November 2009)
Court
Western Cape High Court, Cape Town
Case number
9400/07
Judge
Thring
The court held that it does not have jurisdiction over the plaintiff's claim for the balance of the purchase price of immovable property situated within its area, where the defendant is not resident or present within the jurisdiction and the claim is not secured by hypothecation of the property. The claim is a pure money claim (actio in personam), and the situs of the property is incidental and insufficient to confer jurisdiction. The authorities, including Palm v Simpson and Sonia (Pty) Ltd v Wheeler, establish that jurisdiction for such claims is not based on the location of the property bu…
Land and Agricultural Development Bank of South Africa t/a The Land Bank v SA Eels (Pty) Ltd and Others (1587/2006) [2008] ZAWCHC 69 (3 December 2008)
Court
Western Cape High Court, Cape Town
Case number
1587/2006
Judge
Moosa
The High Court dismissed three special pleas on jurisdiction, executable property, and written demand in a Land Bank claim arising from loan and suretyship agreements.
