Ts'epong (Pty) Ltd v Netcare Hospital Group (Pty) Ltd (CCA 88 of 2014) [2015] LSHC 63 (20 August 2015)

Ts'epong (Pty) Ltd v Netcare Hospital Group (Pty) Ltd (CCA 88 of 2014) [2015] LSHC 63 (20 August 2015)

The court found that the dispute falls within the scope of the arbitration clause in the shareholders' agreement and must be referred to arbitration, giving effect to the parties' agreement.

Source-derived case information.

Citation
[2015] LSHC 63
Parties
Applicant: Tšepong (Pty) Ltd; Respondent: Netcare Hospital Group (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
20 August 2015
Case Number
CCA 88 of 2014
Procedural Posture
Commercial Application / Application to Refer Dispute to Arbitration
Outcome
matter referred to arbitration
Legal Topics
Shareholders' Agreement, Arbitration Clause, Referral to Arbitration, Non Joinder
Source Language
english
Commercial Law Arbitration Shareholders' Agreement Arbitration Clause Referral to Arbitration Non Joinder

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tšepong (Pty) Ltd

Applicant

Netcare Hospital Group (Pty) Ltd

Respondent

Procedural Posture

Commercial Application / Application to Refer Dispute to Arbitration

Legal Issues

  1. 1 Whether the dispute between the parties should be referred to arbitration under the shareholders' agreement
  2. 2 Whether the court is the proper forum to decide the shareholders' dispute
  3. 3 Effect of non-joinder on the application

Ratio Decidendi

The court found that the dispute falls within the scope of the arbitration clause in the shareholders' agreement and must be referred to arbitration, giving effect to the parties' agreement.

Court Disposition

matter referred to arbitration

Orders

  • The matter is referred to arbitration in terms of clause 26 of the Shareholders’ Agreement.