oa Comparative and International Law Journal of Southern Africa - The incola plaintiff, consent and arrest or attachment to found jurisdiction

Volume 25, Issue 3
  • ISSN : 0010-4051



Two questions are posed in this article regarding the incola plaintiff and the jurisdiction of the court. The article found that whatever the intention of the Appellate Division, the Briscoe decision now clearly makes it a requirement that, irrespective of whether the plaintiff is an incola or a peregrinus, the cause of action must have arisen within a court's jurisdictional area before consent will confer jurisdiction. Finally, it is submitted that this requirement will hold few practical implications. Should both parties wish to litigate before the plaintiff's court, an attachment of some property of the defendant can easily be arranged. Regrettably however, rather than consent being sufficient to vest the court with jurisdiction, the expense of an application to obtain an order for attachment ad fundandam jurisdictionem will have to be incurred before the court will hear a matter.

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