Mapula Solutions (Pty) Ltd v African Banking Corporation of Zambia Limited and Others (33936/2016)
Mapula Solutions (Pty) Ltd v African Banking Corporation of Zambia Limited and Others (33936/2016) [2018] ZAGPJHC 651 (12 December 2018)
The court held that the finding by Weiner J regarding irregular service of summons in the rescission application was interlocutory and did not finally dispose of any substantive issue in the main action. Therefore, it does not constitute res judicata or issue estoppel and cannot preclude Mapula Solutions from pursuing its claim. The court further found that it has jurisdiction over all four defendants, including the foreign entities, as the debt rescheduling agreement was concluded in South Africa, governed by South African law, and the factual events giving rise to the claim are common to al…
Source excerpt
- Res Judicata Estoppel
- Jurisdiction Over Peregrini
- Forum Conveniens
- Service Of Process
- Debt Rescheduling Agreement