South Africa Case Law

Nahrungsmittel GmbH v Otto (654/91)

Nahrungsmittel GmbH v Otto (654/91) [1992] ZASCA 228; 1993 (1) SA 639 (AD); [1993] 1 All SA 456 (A) (27 November 1992)

Court

Supreme Court of Appeal

Case number

654/91

Judges

Hoexter, Vivier, Kumleben, F H Grosskopf, Van Coller

The Supreme Court of Appeal held that the applicant failed to establish that Otto was ordinarily resident within the jurisdiction of the Cape Provincial Division during the relevant period, as required by section 149(1)(b) of the Insolvency Act. The evidence showed that Otto's residence in Cape Town was sporadic and temporary, with his real home and business interests in Canada. Furthermore, the claim for costs awarded to Otto against Co-op was an incorporeal movable situated at the debtor's domicile, which was Germany, and not within the jurisdiction of the Cape Provincial Division. The cour…

Source excerpt

• Sequestration Jurisdiction
• Ordinary Residence
• Incorporeal Property Situs
• Leave To Appeal
• Creditor Standing