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Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).
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Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
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2 judgments
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2 judgments
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Judgment date
February 1969
Thermo Radiant Oven Sales (Proprietary) Limited v Nelspruit Bakeries (Proprietary) Limited (110/68) [1969] ZASCA 50 (25 February 1969)
Attachment to found jurisdiction must relate to an existing saleable asset; absent such asset, attachment and process are set aside.
Civil procedure — Attachment ad fundandam jurisdictionem — Purpose to secure an asset within jurisdiction to render judgment effective — Attachment must relate to a saleable asset existing at commencement — Jurisdiction determined at institution of action — Failure to prove cession — Attachment set aside.
 25 February 1969
Haviland Estates (Proprietary) Limited and Another v McMaster (104/68) [1969] ZASCA 57 (20 February 1969)
A registered title condition, construed with surrounding facts, created a praedial servitude entitling Portion B to quantified water and maintenance access.
Property law – servitudes – creation and construction of praedial servitude by Notarial Deed – use of surrounding circumstances to construe imprecise deed – right to divert quantified water in furrow – reciprocal obligations on servient tenement to permit flow, not to pollute, and to allow maintenance access – destruction/alteration of works not necessarily extinguishing servitude.
 20 February 1969