Mbatha v. Cutting: Implications for Litigants of Indian Origin
Conflict of Laws
AUGUST 21, 2023
Introduction Rising cross-border migration of people and concomitant increase in lawsuits relating to matrimonial disputes between couples brings to the forefront the issue of conflict of jurisdictional laws ( 219 th Law Commission Report , ¶1.1-¶1.2). The lex situs approach upheld in Mbatha falls under the “partial mutability” rule.
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