Stern & Co v De Waal [1915] ZATPD 12 (22 March 1915)

Alien enemy.-Right to sue.-Carrying on business in partnership.- Suing in name of firm.-King's Proclamation 22/9/14. Partnership.-Partner alien enemy.-Declaration of war.-Effect on partnership.-Dissolution.

A British subject resident in and trading in enemy ·territory is regarded, when he seeks redress in the King's Court as an enemy subject. On the other hand a person of enemy nationality who is neither resident in nor carrying on business in enemy territory, but is living in British territory under the King's protection has the same right to sue as a British subject.