Appeal Court confirms jurisdiction for lower court

The court dismissed an appeal by Yagambaram Moodley, who said the Durban High Court did not have jurisdiction to entertain the action launched by Nedcor Bank to recover money Moodley owed to the bank, says Business Day. ‘It has long been considered a sufficient basis for a court to exercise its jurisdiction over a matter if the nature of the relief claimed involves immovable property situated within its areas of jurisdiction, even where the court has no power over the defendant or because the cause of action does not arise in the area,’ Judge Azhar Cachalia said. Cachalia said this approach was based on the principle of effectiveness, by which the court had power to grant the relief claimed and to enforce it directly within its area of jurisdiction. Full Business Day report Judgment