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South Africa decisions
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Van der Walt v Esprit Family Trust and Others (M372/15) [2016] ZANWHC 75 (15 December 2016)
The High Court rescinded an attachment order because the confirmatory attachment application was brought after the main application had already begun.
Siemens Ltd. v Offshore Marine Engineering (277/92) [1993] ZASCA 87; 1993 (3) SA 913 (AD); [1993] 2 All SA 437 (A) (28 May 1993)
The Supreme Court of Appeal held that South African law and practice, as established by a long and largely uniform chain of decisions, require both a recognised ratio jurisdictionis and arrest or attachment to found jurisdiction where both plaintiff and defendant are peregrini of the division. The court rejected the argument that a local peregrinus should be treated as an incola of the Republic for purposes of attachment, finding such a position artificial and legally inaccurate. The court affirmed rule (c) as enunciated by Nienaber AJA in Ewing McDonald, and declined to interfere with the en…
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