Nkwe Platinum Limited v Genorah Resources (Pty) Ltd and Others (30712/2023) [2023] ZAGPPHC 1868 (27 October 2023)
Court
North Gauteng High Court, Pretoria
Case number
30712/2023
Judge
D Van Den Bogert
The High Court refused to enforce a Bermudan interdict against a South African company, holding that Bermuda lacked jurisdiction and enforcement would offend public policy.
Cooperativa Muratori Cementisti - CMC Di Ravenna and Others v Companies and Intellectual Property Commission (1325/2019) [2020] ZASCA 151; 2021 (3) SA 393 (SCA) (20 November 2020)
International Fruit Genetics, LLC v Okran 28 (Pty) Ltd and Another (9963/2018) [2019] ZAWCHC 37 (29 March 2019)
Court
Western Cape High Court, Cape Town
Case number
9963/2018
Judge
J Cloete
The High Court recognised and enforced a California default judgment requiring South African grape growers to destroy IFG plant material below the graft.
Elan Boulevard (Pty) Ltd v Fnyn Investments (Pty) Ltd and Others (228/2018) [2018] ZASCA 165; 2019 (3) SA 441 (SCA) (29 November 2018)
Court
Supreme Court of Appeal
Case number
228/2018
Judges
Ponnan, Dambuza, Mocumie, Schippers, Mathie
The Supreme Court of Appeal held that the judgment of the Supreme Court of Queensland was final and conclusive, as the respondents conceded liability except for their counterclaim, which was dismissed. The correction of the quantum of liability for Nadia Essack did not affect the finality of the judgment, as her liability under the guarantee remained undisputed. The court found that the contracts and guarantees imposed joint and several liability, and that the intention of the Australian court was to hold the respondents jointly and severally liable for the amounts claimed. The Protection of…
Wile and Another v MEC for the Department of Home Affairs, Gauteng and Others (21150/2014) [2016] ZAWCHC 80; [2016] 3 All SA 945 (WCC); 2017 (1) SA 125 (WCC) (24 June 2016)
Court
Western Cape High Court, Cape Town
Case number
21150/2014
Judge
Bozalek
The court held that the provisional sentence procedure was inappropriate for the relief sought, but since all parties had engaged with the merits and the matter had been fully ventilated, it was treated as an application. The requirements for recognition of a foreign judgment were satisfied: the German court had jurisdiction, the order was final, and the proceedings complied with natural justice. The relief sought was limited to recognition of the German court's order only to the extent that it authorised the first plaintiff to assume the surname 'Morche' and the forename 'Merseram'. The cour…
Government of the Republic of Zimbabwe v Fick and Others (657/11) [2012] ZASCA 122 (20 September 2012)
Court
Supreme Court of Appeal
Case number
657/11
Judges
Nugent, Van Heerden, Malan, Southwood, Erasmus
The Supreme Court of Appeal upheld enforcement in South Africa of a SADC Tribunal costs order against Zimbabwe and dismissed Zimbabwe’s appeal with costs.
Richman v Ben-Tovim (674/05) [2006] ZASCA 121; 2007 (2) SA 283 (SCA); [2007] 2 All SA 234 (SCA) (29 November 2006)
Court
Supreme Court of Appeal
Case number
674/05
Judges
R H Zulman, Cameron JA, Brand JA, Maya JA, Theron AJA
The Supreme Court of Appeal held that personal service within the jurisdiction is a sufficient ground for international competence in money proceedings, especially considering the realities of international business and the need for South African courts to recognize and enforce foreign judgments where appropriate. The court found that the Protection of Business Act 99 of 1978 does not apply to claims for professional services, as its scope is limited to transactions involving raw materials or substances. The respondent's public policy defence was rejected because the appellant was permitted t…
