n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Should a peregrine plaintiff furnish security for costs for the counterclaim of an incola defendant? : case comment




The position in our law used to be that a foreigner (a peregrinus) who initiates proceedings in our courts must, as a general rule, provide security to the defendant for his costs, unless he has within the area of jurisdiction of the court immovable property with a sufficient margin unburdened to satisfy any costs that may arise (see 4 ed (1997) by Louis de Villiers van Winsen, Andries Charl Cilliers & Cheryl Loots (edited by Mervyn Dendy) at 328).


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