The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
A company was in an earlier judgment ordered to pay specific damages for loss of business resulting from unlawful impounding of vehicles. Adjunct to that case, this case was an application for a decree by arrest and sending to prison of the Managing Director of the company. This is permitted in law as a way of executing and enforcing a judgment debt.
The applicants contended that they had appealed that judgment and hence he could not be arrested. The High Court held that the only application before the Court of Appeal was one to extend the time to file Notice of Appeal. Further a judgment debtor needs to show good cause as to why an application to execute a judgment should not be granted. The filing of an application to extend the time within which to file a Notice of Appeal is not good cause because there is already a judgment in their favour and they should be able to execute.
The court granted the application to send the Managing Director to prison unless the company paid the damages as ordered. However, the court did hold that the carrying out of the application should await the result of the appeal as carrying out the order may prejudice the appeal.