South Africa Case Law

Elan Boulevard (Pty) Limited v Mahomed (12451/2014)

Elan Boulevard (Pty) Limited v Mahomed (12451/2014) [2016] ZAKZDHC 49 (7 November 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

12451/2014

Judge

Olsen

The High Court recognised and enforced a Queensland money judgment in South Africa, finding the respondent had submitted to jurisdiction and that no public policy defence succeeded.

• Enforcement Of Foreign Judgments
• International Jurisdiction
• Public Policy Exception
• Fraudulent Obtaining Of Judgment
• Contractual Submission To Jurisdiction
• Enforcement-of-foreign-judgments

Doerner v Gubalke (2404/2011)

Doerner v Gubalke (2404/2011) [2012] ZAWCHC 64 (20 March 2012)

Court

Western Cape High Court, Cape Town

Case number

2404/2011

Judge

Gangen

The High Court refused provisional sentence on a German default judgment, finding the plaintiff had not proved finality, foreign jurisdiction, or compliance with the filing order.

• Recognition And Enforcement Of Foreign Judgments
• International Jurisdiction
• Public Policy Exception
• Default Judgment
• Lease Agreement Dispute
• Foreign-judgment-enforcement

Richman v Ben-Tovim (674/05)

Richman v Ben-Tovim (674/05) [2006] ZASCA 121; 2007 (2) SA 283 (SCA); [2007] 2 All SA 234 (SCA) (29 November 2006)

Court

Supreme Court of Appeal

Case number

674/05

Judges

R H Zulman, Cameron JA, Brand JA, Maya JA, Theron AJA

The Supreme Court of Appeal held that personal service within the jurisdiction is a sufficient ground for international competence in money proceedings, especially considering the realities of international business and the need for South African courts to recognize and enforce foreign judgments where appropriate. The court found that the Protection of Business Act 99 of 1978 does not apply to claims for professional services, as its scope is limited to transactions involving raw materials or substances. The respondent's public policy defence was rejected because the appellant was permitted t…

Source excerpt

• International Jurisdiction
• Recognition Of Foreign Judgments
• Provisional Sentence
• Public Policy Defence
• Protection Of Business Act

Richman v Ben-Tovim (11050/04)

Richman v Ben-Tovim (11050/04) [2005] ZAWCHC 69; 2006 (2) SA 591 (C) (23 September 2005)

Court

Western Cape High Court, Cape Town

Case number

11050/04

Judge

D H Van Zyl

The High Court dismissed provisional sentence on a foreign judgment because the plaintiff failed to prove the English court had jurisdiction over the defendant.

• Enforcement Of Foreign Judgments
• Provisional Sentence
• International Jurisdiction
• Public Policy Defence
• Enforcement-of-foreign-judgments
• Provisional-sentence

Society of Lloyds and Another v Price, Society of Lloyd's v Lee (17040/03 , 20764/03)

Society of Lloyds and Another v Price, Society of Lloyd's v Lee (17040/03 , 20764/03) [2005] ZAGPHC 9; 2005 (3) SA 549 (T); [2005] 2 All SA 302 (T) (14 January 2005)

Court

High Courts - Gauteng

Case number

17040/03 , 20764/03

Judge

Mynhardt

The court held that prescription under South African law is substantive, and the Prescription Act 1969 applies a three-year period to foreign judgments. English limitation law is procedural and does not override South African law in this context. The Foreign Limitation Periods Act 1984 does not affect the classification of English limitation provisions for South African purposes. The contractual undertakings by Price and Lee did not amount to a waiver of their rights to rely on South African prescription. Foreign judgments are not 'judgment debts' under section 11(a)(ii) of the Prescription A…

Source excerpt

• Enforcement Of Foreign Judgments
• Prescription Act
• Conflict Of Laws
• Limitation Periods
• Public Policy
• International Jurisdiction