South Africa Case Law

Sampada Lodges (Pty) Ltd v Euphoria Home Owners' Association NPC (8242/2017)

Sampada Lodges (Pty) Ltd v Euphoria Home Owners' Association NPC (8242/2017) [2018] ZALMPPHC 53 (12 October 2018)

Court

Limpopo High Court, Polokwane

Case number

8242/2017

Judge

Kganyago

The court found that the applicant failed to establish a prima facie cause of action for the payment of overdue levies and damages, as the levies in question are due to the Golf Club and not the applicant. The applicant has no entitlement to the levies collected by the respondent. Regarding the contempt of court proceedings, the court held that the applicant does not require documents in the respondent's possession to prove the requisites of contempt, as it already possesses the relevant order and return of service. The application was deemed a fishing expedition, and the requirements for an…

Source excerpt

• Anton Piller Order
• Prima Facie Cause Of Action
• Contempt Of Court
• Preservation Of Evidence

Syntec Global Incorporated and Another v Baxotype (Pty) Ltd and Another (3092/2015)

Syntec Global Incorporated and Another v Baxotype (Pty) Ltd and Another (3092/2015) [2015] ZAECPEHC 54 (10 September 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3092/2015

Judge

Roberson

High Court refused to set aside an ex parte attachment order confirming jurisdiction over Syntec’s stock, finding a prima facie claim, proper jurisdiction, and no required joinder.

• Attachment Ad Confirmandam Jurisdictionem
• Agency Agreement
• Urgent Interdict
• Non Joinder
• Superior Courts Act
• Prima Facie Cause Of Action

Maharaj v Choudree and Others

Maharaj v Choudree and Others [2010] ZAGPJHC 6; 09/52967 (1 March 2010)

Court

South Gauteng High Court, Johannesburg

Case number

09/52967

Judge

FHD Van Oosten

The applicant failed to discharge the onus of establishing a prima facie cause of action against the first respondent. The written documents relied upon do not evidence any agreement between the applicant and respondent personally, but rather refer to third-party entities with no demonstrated nexus to the alleged transaction. The applicant's versions of the agreement have been inconsistent across different proceedings, and the introduction of a simulated agreement theory is both new and contradictory to previous allegations. The court finds that there are no prospects of the applicant succeed…

Source excerpt

• Attachment To Found Jurisdiction
• Prima Facie Cause Of Action
• Contractual Liability
• Simulated Agreement

Seychelles Shipping Lines Ltd v Taurus International Ltd and another (ECJ 2004/013)

Seychelles Shipping Lines Ltd v Taurus International Ltd and another (ECJ 2004/013) [2003] ZAECHC 4 (20 February 2003)

Court

High Courts - Eastern Cape

Case number

ECJ 2004/013

Judge

Sandi

The court discharged a provisional attachment to found jurisdiction after finding no prima facie cause of action and refusing to attach the costs order.

• Attachment To Found Jurisdiction
• Locus Standi
• Prima Facie Cause Of Action
• Charter Party Agreement
• Costs Order Attachment
• Attachment-to-found-jurisdiction

Owner of the MT Tigr and Another v Transnet Ltd. t/a Portnet (214/97)

Owner of the MT Tigr and Another v Transnet Ltd. t/a Portnet (214/97) [1998] ZASCA 40; [1998] 3 All SA 453 (A) (27 May 1998)

Court

Supreme Court of Appeal

Case number

214/97

Judges

Hefer, Nienaber, Marais, Schutz, Scott

The court upheld attachment to confirm jurisdiction for joinder of peregrini in an admiralty claim and dismissed arguments based on liability proof, value, and an English injunction.

• Attachment To Confirm Jurisdiction
• Joinder Of Peregrinus
• Admiralty Jurisdiction Regulation Act
• Apportionment Of Damages Act
• Prima Facie Cause Of Action
• Admiralty-law