Bigen Africa Group Holdings (Pty) Limited v Nemai Consulting (Pty) Limited and Another (61282/2021) [2022] ZAGPPHC 678 (8 September 2022)
The court finds that the arbitral award dated 14 September 2021 is final and binding, and that the applicant is entitled to have it made an order of court under Section 31 of the Arbitration Act 42 of 1965. The respondents have not demonstrated any valid grounds for refusing enforcement. The award is clear in its...
Source-derived case information.
- Citation
- [2022] ZAGPPHC 678
- Parties
- Applicant: Bigen Africa Group Holdings (Pty) Limited; Respondent: Nemai Consulting (Pty) Limited; Respondent: Dhanashree Naidoo
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 61282/2021
- Procedural Posture
- Urgent Application / Application to Make Arbitral Award an Order of Court
- Outcome
- Application granted. The arbitral award is made an order of court.
- Judges
- Neukircher
- Legal Topics
- Arbitration Award Enforcement, Arbitration Act Section 31, Interest on Award, Costs of Arbitration
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bigen Africa Group Holdings (Pty) Limited
Applicant
Nemai Consulting (Pty) Limited
Respondent
Dhanashree Naidoo
Respondent
Procedural Posture
Urgent Application / Application to Make Arbitral Award an Order of Court
Legal Issues
- 1 Whether the arbitral award dated 14 September 2021 should be made an order of court under Section 31 of the Arbitration Act 42 of 1965.
- 2 Whether the applicant is entitled to payment of the sum awarded and interest as prescribed.
- 3 Whether the costs and counterclaims as determined by the arbitrator should be enforced.
Ratio Decidendi
The court finds that the arbitral award dated 14 September 2021 is final and binding, and that the applicant is entitled to have it made an order of court under Section 31 of the Arbitration Act 42 of 1965. The respondents have not demonstrated any valid grounds for refusing enforcement. The award is clear in its terms, specifying the amount payable, interest, and costs. The court is satisfied that the requirements for enforcement have been met and grants the application.
Court Disposition
Application granted. The arbitral award is made an order of court.
Orders
- The arbitral award dated 14 September 2021 is made an order of court.
- The First Respondent must pay the applicant the sum of R14 890 884.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case No: 61282/2021
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
REVISED: YES
8 September 2022
In the matter between:
BIGEN AFRICA GROUP HOLDINGS (PTY) LIMITED Applicant
and
NEMAI CONSULTING (PTY) LIMITED First Respondent
DHANASHREE NAIDOO Second Respondent
JUDGMENT
NEUKIRCHER J:
[1] At issue here is whether or not the applicant is entitled to have an arbitral award (the award) dated 14 September 2021 made an order of court in terms of Section 31 of the Arbitration Act 42 of 1965. The application is opposed.
THE AWARD
[2] The award reads as follows:
“1. The First Defendant must pay to the Claimant the sum of R14 890 884.
2. The First Defendant must pay to the Claimant interest on that amount, at the prescribed rate, calculated from 2 October 2019 to date of payment, but only to the extent it exceeds the sum of R1 650 000.
3. The counterclaims are dismissed.
4. The First Defendant must pay the costs of the Claimant and the costs of the arbitration, including the fees of the arbitrator.
5. The Claimant must pay the costs of the Second Defendant.”
THE ARBITRATION ACT
[1] 2014 (4) SA 474 (CC)