British South Africa Company v Companhia de Mocambique

JurisdictionEngland & Wales
Date1892
Year1892
CourtCourt of Appeal
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14 cases
  • Pearce v Ove Arup Partnership Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 Enero 1999
    ...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......
  • Griggs Group Ltd v Evans
    • United Kingdom
    • Chancery Division
    • 12 Mayo 2004
    ...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......
  • Hesperides Hotels Ltd v Aegean Turkish Holidays Ltd
    • United Kingdom
    • House of Lords
    • 6 Julio 1978
    ...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......
  • Lucasfilm Ltd v Ainsworth
    • United Kingdom
    • Supreme Court
    • 27 Julio 2011
    ...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
  • Nulyarimma v Thompson: Is Genocide a Crime at Common Law in Australia?
    • United Kingdom
    • Federal Law Review No. 29-1, March 2001
    • 1 Marzo 2001
    ...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 ......
  • Land Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2010, December 2010
    • 1 Diciembre 2010
    ...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......
  • Land Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2011, December 2011
    • 1 Diciembre 2011
    ...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......

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