Rogalla Von Biberstein Investment Company (Pty) Ltd v Green Willows Properties 215 (Pty) Ltd (9400/07)
Rogalla Von Biberstein Investment Company (Pty) Ltd v Green Willows Properties 215 (Pty) Ltd (9400/07) [2009] ZAWCHC 172 (10 November 2009)
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…
Source excerpt
- Territorial Jurisdiction
- Action In Personam
- Immovable Property Claim
- Forum Rei Sitae