H.S.W v H.S.W (1694/08) [2009] ZAWCHC 159 (14 September 2009)
Court
Western Cape High Court, Cape Town
Case number
1694/08
Judge
Davis
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.
S-W v S-W (14211/2008) [2008] ZAWCHC 324 (1 December 2008)
Court
Western Cape High Court, Cape Town
Case number
14211/2008
Judge
Ndita
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.
Nahrungsmittel GmbH v Otto (654/91) [1992] ZASCA 228; 1993 (1) SA 639 (AD); [1993] 1 All SA 456 (A) (27 November 1992)
Court
Supreme Court of Appeal
Case number
654/91
Judges
Hoexter, Vivier, Kumleben, F H Grosskopf, Van Coller
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…