Skjelbreds Rederi A/S and ors. v. Hartless (Pty.) Ltd. - Supreme Court of South Africa (Appellate Division) - 9 March 1982

Whether cession by Peregrinus (foreigner) to Incola (local resident) of claim against third party to enable Incola to attach assets of third party situate within jurisdiction of South African Court established jurisdiction of South African Court in any action against third party

F. Inc. (a Panamanian company) claimed US$336,741.76 from S. (a Norwegian company) under a charterparty concluded between F. Inc. and S. at Oslo on 15 April 1978. S. also had a claim against T. Ltd. (a South African company) under a separate charterparty. By a written agreement dated 1 November 1978 F. Inc. purported to cede its claim ( i.e. assign its rights) against S. to H. Ltd., a South African company. On the same day, in order to found jurisdiction in the action it intended instituting against S., H. Ltd. successfully applied to a South African Court for an order authorising the attachment of S.’s rights under its agreement with T. Ltd.