South Africa Case Law

International Fruit Genetics LLC v Redelinghuys NO and Others (24870/16)

International Fruit Genetics LLC v Redelinghuys NO and Others (24870/16) [2017] ZAWCHC 6; 2019 (4) SA 174 (WCC) (7 February 2017)

Court

Western Cape High Court, Cape Town

Case number

24870/16

Judge

Rogers

The court held that the Protection of Businesses Act does not apply to the vines and grapes in question, as they do not constitute 'matter or material' within the meaning of the Act. The assertion by the PER Redelinghuys Familie Trust of independent contractual rights was found to be patently untenable and rejected on the papers; there was no genuine dispute of fact. The licensing agreements were validly terminated due to AMT's breaches. Although the Californian judgment is final and enforceable, the court exercised its discretion to partially stay enforcement pending the outcome of the appea…

Source excerpt

• Recognition And Enforcement Of Foreign Judgments
• Protection Of Businesses Act
• Contractual Breach
• Urgent Interdict
• Trust Law

Doerner v Gubalke (2404/2011)

Doerner v Gubalke (2404/2011) [2012] ZAWCHC 64 (20 March 2012)

Court

Western Cape High Court, Cape Town

Case number

2404/2011

Judge

Gangen

The High Court refused provisional sentence on a German default judgment, finding the plaintiff had not proved finality, foreign jurisdiction, or compliance with the filing order.

• Recognition And Enforcement Of Foreign Judgments
• International Jurisdiction
• Public Policy Exception
• Default Judgment
• Lease Agreement Dispute
• Foreign-judgment-enforcement

Society of Lloyds v Price ; Society of Lloyd's v Lee' (327/05)

Society of Lloyds v Price ; Society of Lloyd's v Lee' (327/05) [2006] ZASCA 88; 2006 (5) SA 393 (SCA) (1 June 2006)

Court

Supreme Court of Appeal

Case number

327/05

Judges

Howie, Scott, Zulman, Van Heerden, Cachalia

The court held that English law governed prescription, the English court had jurisdiction, and the English default judgments were enforceable in South Africa.

• Conflict Of Laws
• Prescription
• Recognition And Enforcement Of Foreign Judgments
• Exclusive Jurisdiction Clause
• Public Policy
• Provisional Sentence