Kandagasabapathy v. MV Melina Tsiris (1981) (3) S.A.L.R. 950 (Thirion J.)

Choice of forum - Seamen’s lien over arrested vessel overrides inconvenience to defendant shipowners

In this case the Court considered the doctrine of forum non conveniens in connection with an action in rem by seamen for arrears of wages. None of the parties involved had any connection with South Africa. Jurisdiction was founded only by the arrest of the vessel in a South African port. The jurisdiction of a South African Court is governed by the Admiralty jurisdiction of the English High Court as it existed before 1890. The defendant shipowners applied to dismiss the action on the ground that the Court should decline to exercise its jurisdiction.