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South Africa Case Law

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Civil Procedure [2021] ZASCA 113

Federation Internationale de Football Association v Sedibe & Another (303/2020)

Federation Internationale de Football Association v Sedibe & Another (303/2020) [2021] ZASCA 113; [2021] 4 All SA 321 (SCA); 2021 BIP 11 (SCA); [2021] HIPR 180 (SCA) (8 September 2021)

Court
Supreme Court of Appeal
Case number
303/2020
Judges
Navsa, Mbha, Mocumie, Gorven, Mabindla-Boqwana

The Supreme Court of Appeal held that the attachment of FIFA's trademarks in South Africa to found jurisdiction for Sedibe's intended review of a decision taken by FIFA's Ethics Committee in Switzerland was impermissible. The attachment order was not justified because the claim was not one sounding in money nor an action in rem for movables. The review application sought to set aside an administrative decision, not to recover a monetary claim or movable property. The court found that the high court's speculation about possible future monetary claims was unfounded and irrelevant to the basis f…

Source excerpt

  • Attachment To Found Jurisdiction
  • Review Of Administrative Decision
  • Trade Marks Act
  • Jurisdiction Over Foreign Entities
  • Service Of Process
  • Superior Courts Act
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Civil Procedure [2014] ZAGPJHC 336

L and Another v Minister of Home Affairs and Others (2014/22434)

L and Another v Minister of Home Affairs and Others (2014/22434) [2014] ZAGPJHC 336; 2015 (4) SA 197 (GJ); [2015] 1 All SA 335 (GJ) (18 November 2014)

Court
South Gauteng High Court, Johannesburg
Case number
2014/22434
Judges
Spilg, Wright

The High Court found that Cathay Pacific Airways Ltd, through its local staff and agents, was in contempt of urgent court orders issued to prevent the deportation of the applicants' minor children. The court held that notification of the orders to the airline's staff constituted notification to the airline itself, and that the refusal to comply was wilful and mala fide, given the clear constitutional and statutory protections for children and the binding nature of court orders. The court rejected Cathay Pacific's arguments regarding lack of jurisdiction and the alleged nullity of the orders,…

Source excerpt

  • Contempt Of Court
  • Jurisdiction Over Foreign Entities
  • Childrens Rights
  • Immigration Act
  • Best Interests Of Child
  • Interdicts
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.