The general principle, best articulated in the leading case of British South Africa Company v. Companhia de Mocambique,1 is that a court in the Commonwealth will not entertain an action involving the title to foreign realty. However, there are two established exceptions. First, a court of equity will not refuse jurisdiction if the plaintiff's claim is based on contract, trust or fraud affecting the foreign land, and the court has jurisdiction in personam over the defendant.2In personam jurisdiction may be established if the defendant is present within the jurisdiction, submits to the court, or the court grants leave to serve notice of the writ out of the jurisdiction under Order 11, rule 1(1) (or its equivalent) of the Rules of the Supreme Court. Second, “in the exercise of the undoubted jurisdiction of the courts it may become necessary incidentally to investigate and determine the title to foreign lands”.3 Thus, if the court has jurisdiction to administer a trust or the estate of a deceased person, and the property includes property (whether movables or immovables) situated locally, and immovables situated abroad, the court will have jurisdiction to determine questions of title to the foreign immovables for the purposes of the administration.4 No contractual or fiduciary relationship need exist between the parties, and it seems unlikely that in personam jurisdiction is required.5