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South Africa Case Law

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Delict [2020] ZAGPJHC 174

Akani Retirement Fund Administators (Pty) Ltd v NBC Holdings (Pty) Ltd and Another (10182/2020)

Akani Retirement Fund Administators (Pty) Ltd v NBC Holdings (Pty) Ltd and Another (10182/2020) [2020] ZAGPJHC 174 (28 May 2020)

The court found that both respondents materially misrepresented a prior judgment and defamed Akani. It granted declaratory and corrective relief, but not a future interdict.

  • Defamation
  • Qualified Privilege
  • Jurisdiction Over Foreign Defendants
  • Publication Online
  • Declaratory Relief
  • Interdict Against Defamation
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Civil Procedure [2013] ZAGPPHC 261

Multi-links Telecommunications Ltd v Africa Prepaid Services Nigeria Ltd (35347/13, 30004/13)

Multi-links Telecommunications Ltd v Africa Prepaid Services Nigeria Ltd (35347/13, 30004/13) [2013] ZAGPPHC 261; [2013] 4 All SA 346 (GNP); 2014 (3) SA 265 (GP) (6 September 2013)

The court held that, although APSN is a foreign peregrinus, the North Gauteng High Court may exercise jurisdiction based on sufficient connecting factors, appropriateness, and convenience, as developed in Strang and subsequent case law. The arbitration agreement specified South African law and venue, APSN's principal agent was domiciled in the jurisdiction, and most relevant events and parties were connected to South Africa. The court found that Multi-Links and Telkom had raised a triable issue regarding jurisdiction and that the question should be finally determined by the trial court, not a…

  • Forum Conveniens
  • Arbitration Agreement
  • Jurisdiction Over Foreign Defendants
  • Attachment To Found Jurisdiction
  • Continentia Causae
  • Misrepresentation
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Civil Procedure [2008] ZAWCHC 69

Land and Agricultural Development Bank of South Africa t/a The Land Bank v SA Eels (Pty) Ltd and Others (1587/2006)

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)

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.

  • Jurisdiction Over Foreign Defendants
  • Forum Rei Sitae
  • Written Demand Requirement
  • Suretyship
  • Attachment To Found Jurisdiction
  • Jurisdiction-over-foreign-defendants
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.