British South Africa Company v Companhia de Mocambique
Jurisdiction | England & Wales |
Date | 1892 |
Year | 1892 |
Court | Court of Appeal |
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14 cases
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Pearce v Ove Arup Partnership Ltd
...High Court of Australia in Potter v The Broken Hill Proprietary Company Limited (1906) 3 CLR 479, defined the question in these terms, [1892] 2 QB 358 at pages 395–6: With regard, then, to acts done within the territory of a nation, all are agreed that such nation has without more jurisdic......
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Griggs Group Ltd v Evans
...strong objection that the court is doing indirectly what it dare not do directly" ( Companhia de Moçambique v. British South Africa Co [1892] 2 QB 358, 404–5, C.A.). While Lord Esher was not an equity lawyer by training and I doubt that his opinion would have been regarded as conventional i......
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Hesperides Hotels Ltd v Aegean Turkish Holidays Ltd
...company sought a declaration of title to lands in South Africa, damages for trespass and an injunction. The Divisional Court ( [1892] 2 Q.B. 358) held that the court would not entertain the action in so far as it claimed a declaration of title and Wright J. delivering the judgment of the c......
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Lucasfilm Ltd v Ainsworth
...to international law, or comity, for one state to exercise jurisdiction in relation to land in another state. Lord Esher MR said ( [1892] 2 QB 358, 398): "…an action quare clausum fregit cannot be entertained by an English Court in respect of an alleged wrongful entry on land situated abro......
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3 books & journal articles
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Nulyarimma v Thompson: Is Genocide a Crime at Common Law in Australia?
...Re Piracy Jure Gentium [1934] AC 586; cf the advertence to universal jurisdiction in Companhia de Mocambique v British South Africa Co (1892) 2 QB 358 at 395 per Lord 109 Ibid. 110 Ibid at 589. 111 Ibid at 589 and cf 595. 112 Ibid at 594. 113 Note: ibid at 593. 114 Ibid at 593 and 597. 115 ......
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Land Law
...involving determination of title to foreign land (‘the Mocambique principle’: see Companhia de Mocambique v British South Africa Co [1892] 2 QB 358). As the High Court further explained (Ng Teck Sim at [37]-[38]): …The present case goes further as the dispute to title possibly involves issu......
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Land Law
...involving determination of title to foreign land (the Mocambique principle: see Companhia de Mocambique v British South Africa CoELR[1892] 2 QB 358). 19.65 The Court of Appeal decided otherwise, ie, that the dispute did not involve determining title to foreign land. On the evidence before t......