Protection of Businesses Act, 1978 (Act No. 99 of 1978)

1F. Foreign judgment to constitute res judicata
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It shall be a defence to any action brought in any court in the Republic if it is proved to the satisfaction of such court that the cause of action founding the action so brought was the subject of a judgment given by a court in a foreign country, if—

(a)in terms of the laws of the foreign country the court which gave such judgment was competent to give that judgment;
(b) in terms of such laws such judgment is final and conclusive; and
(c) the parties to the proceedings in which such judgment was given, or their successors in title, are the same as the parties to the proceedings in the Republic.

 

[Section 1F inserted by section 4 of Act 87 of 1987.]