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South Africa Case Law

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Family And Children [2009] ZAWCHC 159

H.S.W v H.S.W (1694/08)

H.S.W v H.S.W (1694/08) [2009] ZAWCHC 159 (14 September 2009)

The High Court upheld a special plea in a divorce matter, finding the plaintiff had not shown the required ordinary residence in Cape Town for jurisdiction.

  • Divorce Jurisdiction
  • Ordinary Residence
  • Forum Non Conveniens
  • Divorce-jurisdiction
  • Ordinary-residence
  • Forum-non-conveniens
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Family And Children [2008] ZAWCHC 324

S-W v S-W (14211/2008)

S-W v S-W (14211/2008) [2008] ZAWCHC 324 (1 December 2008)

The court dismissed a jurisdictional challenge and held that the applicant had been ordinarily resident in Cape Town for more than a year under the Divorce Act.

  • Divorce Jurisdiction
  • Ordinary Residence
  • Rule 43 Applications
  • Private International Law
  • Divorce-jurisdiction
  • Ordinary-residence
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Civil Procedure [1992] ZASCA 228

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)

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…

  • Sequestration Jurisdiction
  • Ordinary Residence
  • Incorporeal Property Situs
  • Leave To Appeal
  • Creditor Standing
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Tax Law [1992] ZASCA 60

Commissioner for Inland Revenue v Kuttel (349/90)

Commissioner for Inland Revenue v Kuttel (349/90) [1992] ZASCA 60; 1992 (3) SA 242 (AD); [1992] 2 All SA 151 (A) (31 March 1992)

The court held that the taxpayer was not ordinarily resident in South Africa and could claim the income tax exemptions for interest and dividends.

  • Ordinary Residence
  • Income Tax Exemption
  • Burden Of Proof
  • Exchange Control Regulations
  • Ordinary-residence
  • Income-tax-exemption
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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.