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South Africa decisions
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Africas Best Foods (Pty) Ltd v ED Food S.R.L and Another (2022/1245) [2023] ZAGPJHC 1112 (5 October 2023)
The High Court dismissed a joinder application against an Italian company, finding defective service, no jurisdiction over the peregrinus, and no basis for joinder.
Corex (Pty) Ltd v Shenzhen Poweroak Newener Co Ltd and Others (2023/071667) [2023] ZAGPJHC 917 (16 August 2023)
The High Court struck Corex’s urgent interdict application from the roll, holding it lacked jurisdiction over a Chinese respondent whose key acts occurred in China.
Investec Property Fund Limited v Viker X (Pty) Limited and Another (2016/07492) [2016] ZAGPJHC 108 (10 May 2016)
Summary judgment was granted in a lease dispute after the court found service effective, held the second defendant was an incola, and rejected his jurisdiction and service objections.
Nyoka v Trans-Union Credit Bureau (Pty) Ltd (2525/2013) [2015] ZAECMHC 39 (12 February 2015)
The court found that the relief sought by the applicant, namely the provision of information constituting the adverse credit report and the full contact particulars of the sources, is enforceable within its jurisdiction. The court distinguished between cases where the relief sought requires action outside its jurisdiction (as in Buqwana) and cases where the information can be delivered to the applicant wherever she resides (as in Zokufa). The National Credit Act obliges credit bureaus to deliver credit information to consumers upon request, and nothing in the Act prohibits delivery away from…
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Adams & Adams Attorneys and Another v Pointer Fashion International CC and Others (324/2013) [2014] ZASCA 11; 2014 BIP 176 (SCA) (19 March 2014)
The Supreme Court of Appeal held that an order granting leave to file a further affidavit was interlocutory and not appealable, and struck the appeal off the roll.
Pointer Fashion International CC v Adams & Adams Attorneys and Others (11747/2012) [2013] ZAGPPHC 59; 2013 BIP 180 (GNP) (15 February 2013)
High Court granted leave to file a supplementary affidavit, holding the new legal point could be raised and that the respondents would not be prejudiced.
Schmidt v Weaving (557/06) [2008] ZASCA 123; 2009 (1) SA 170 (SCA) ; [2009] 1 All SA 297 (SCA) (29 September 2008)
The Supreme Court of Appeal held that the attachment of the appellant's member's interest in Le Cap International CC was invalid because actual notice of the attachment was not given to the close corporation. The court found that notice to the Registrar of Close Corporations was insufficient, as the Registrar does not participate in the transfer of member's interests and cannot prevent such transfer. Section 25 of the Close Corporations Act does not override the requirement for actual notice to the corporation. Without valid attachment, the court lacked jurisdiction over the appellant, a pere…
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Manna v Lotter and Another (9708/04_) [2007] ZAWCHC 13; [2007] 3 All SA 50 (C); 2007 (4) SA 315 (C) (8 March 2007)
The court held that it had jurisdiction to entertain the application for specific performance, as the property was situated within its territorial area, making attachment unnecessary even though the seller was a peregrinus. The expiry date in the offer was a stipulation for the exclusive benefit of the purchaser, who had elected to waive it and proceed with the transaction, thereby rendering the late acceptance by the seller effectual and binding. The suspensive condition regarding bond approval was also for the purchaser's benefit and was validly and timeously waived, with the waiver communi…
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Hay Management Consultants Ltd v P3 Management Consultants (Pty) Ltd (439/2003) [2004] ZASCA 116; [2005] 3 All SA 119 (SCA); 2005 (2) SA 522 (SCA) (30 November 2004)
The Supreme Court of Appeal held that submission by a peregrinus defendant to the jurisdiction of a South African court is sufficient to confer jurisdiction in an action for money by an incola plaintiff, without the need for attachment of property. The court found that the cumulative effect of the contractual domicilium and choice of law clauses, together with the business relationship and the selection of a South African address for service of process, established on a balance of probabilities that the defendant intended to submit to the jurisdiction of the Witwatersrand Local Division. The…
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