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South Africa Case Law

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Civil Procedure [2004] ZAECHC 36

Fourie v Land en Landbou van Suid-Afrika (ECJ 2004/037)

Fourie v Land en Landbou van Suid-Afrika (ECJ 2004/037) [2004] ZAECHC 36 (20 October 2004)

Court
High Courts - Eastern Cape
Case number
CA694/2003
Judges
Jansen, Chetty, Maya

The court held that the South Eastern Cape Local Division did not have jurisdiction to declare executable immovable property situated in Alexandria, as the property falls outside its territorial jurisdiction. Section 26(1) of the Supreme Court Act No. 59 of 1959 does not expand the substantive jurisdiction of provincial or local divisions; it only facilitates the procedural aspects of service and execution of process throughout the Republic. The common law position remains that only the court where the property is situated (forum rei sitae) has jurisdiction over such property. The authorities…

Source excerpt

  • Jurisdiction Of High Court
  • Execution Of Immovable Property
  • Forum Re Sitae
  • Supreme Court Act Section 26
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Civil Procedure [1990] ZASCA 115

Ewing McDonald & Co. Ltd. v M & M Products Company and Others (199/89)

Ewing McDonald & Co. Ltd. v M & M Products Company and Others (199/89) [1990] ZASCA 115; 1991 (1) SA 252 (AD); [1991] 1 All SA 319(A) (28 September 1990)

Court
Supreme Court of Appeal
Case number
199/89
Judges
Van Heerden, Smalberger, Nicholas, Friedman, Nienaber

The Supreme Court of Appeal held that the jurisdiction of a division of the Supreme Court is strictly territorial. Section 26(1) of the Supreme Court Act does not confer jurisdiction over persons or property outside the division's area; it merely facilitates the execution of process throughout the Republic. The principle of effectiveness, while central to jurisdiction, does not override the territorial limits imposed by statute and common law. Attachment of property to found or confirm jurisdiction must be limited to property within the court's territorial area. The appellant's argument that…

Source excerpt

  • Attachment Ad Fundandam Jurisdictionem
  • Attachment Ad Confirmandam Jurisdictionem
  • Territorial Jurisdiction
  • Effectiveness Principle
  • Supreme Court Act Section 26
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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.