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South Africa decisions
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Lindsey and Others v Conteh (774/2022) [2024] ZASCA 13; 2024 (3) SA 68 (SCA) (6 February 2024)
The Supreme Court of Appeal held that Californian orders for delivery of shares were not a money judgment or liquid document, so provisional sentence failed.
Organi Mark (PTY) Ltd v Akoodie and Another (11435/2020) [2022] ZAGPPHC 1017 (19 December 2022)
The court held that the only connecting factor between the dispute and the South African High Court is the residence of the defendants. The cause of action arises solely under section 361 of the eSwatini Companies Act, which empowers only the High Court of eSwatini to grant the declaratory relief sought. There is no link between the company or the dispute and South Africa, nor is there any basis in South African law or contract for jurisdiction. The principle that foreign statutes have no extra-territorial effect applies, and the South African court lacks subject-matter jurisdiction to grant…
Source excerpt
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.
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