Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2001] ZASCA 102

Hulse-Reutter and Others v Godde (34/2000)

Hulse-Reutter and Others v Godde (34/2000) [2001] ZASCA 102; [2002] 2 All SA 211 (A); 2001 (4) SA 1336 (SCA) (25 September 2001)

Court
Supreme Court of Appeal
Case number
34/2000
Judges
Hefer, Harms, Scott, Mthiyane, Froneman

The Supreme Court of Appeal held that the respondent failed to establish a prima facie case against the appellants. The respondent's allegations of fraud and improper conduct were unsupported by factual evidence and amounted to mere assertions. The facts did not justify piercing the corporate veil, as there was no misuse or abuse of the corporate structure resulting in unfair advantage to the appellants. The respondent contracted with Goldleaf, a foreign corporation, and had a direct remedy against it. There was no evidence that Goldleaf would be unable to pay if sued, nor that the respondent…

Source excerpt

  • Attachment To Confirm Jurisdiction
  • Piercing Corporate Veil
  • Prima Facie Case
  • Ratio Jurisdictionis
  • Company Law
  • Contractual Liability
Read case analysis
Civil Procedure [1993] ZASCA 87

Siemens Ltd. v Offshore Marine Engineering (277/92)

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)

Court
Supreme Court of Appeal
Case number
277/92
Judges
Hoexter, Vivier, Eksteen, F H Grosskopf, Van Coller

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…

Source excerpt

  • Attachment Ad Fundandam Jurisdictionem
  • Peregrinus Jurisdiction
  • Ratio Jurisdictionis
  • Roman Dutch Law Practice
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.