SIAS Joubert Constructions CC v D L Soko and Another (1778/2019) [2020] ZAMPMBHC 25 (31 December 2020)

SIAS Joubert Constructions CC v D L Soko and Another (1778/2019) [2020] ZAMPMBHC 25 (31 December 2020)

The court found that the adjudicator's determination, once made an order of court and not challenged within the prescribed ten-day period, becomes final and binding upon the parties. The Applicant was entitled to enforce the determination as a contractual obligation in terms of Clause 7.2.2 of the adjudication rules. The Respondent's failure to challenge the determination within the stipulated period and subsequent compliance with the court order precluded any further referral to arbitration. The Second Respondent, therefore, lacked jurisdiction to arbitrate the dispute, and the Applicant was entitled to proceed with execution of the warrant issued in terms of the court order. The court...

Citation
[2020] ZAMPMBHC 25
Parties
Applicant: SIAS Joubert Constructions CC; Respondent: Dumisani Lucky Soko; Respondent: Pierre Ferreira
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
31 December 2020
Case Number
1778/2019
Procedural Posture
Declaratory Application / Final Judgment
Outcome
Application granted in favour of the Applicant.
Judges
B A Mashile
Legal Topics
Enforcement of Adjudicator Determination, Arbitration Jurisdiction, Finality of Court Orders, Interpretation of Contractual Clauses
Civil Procedure Commercial and Corporate Enforcement of Adjudicator Determination Arbitration Jurisdiction Finality of Court Orders Interpretation of Contractual Clauses

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Parties

SIAS Joubert Constructions CC

Applicant

Dumisani Lucky Soko

Respondent

Pierre Ferreira

Respondent

Procedural Posture

Declaratory Application / Final Judgment

Legal Issues

  1. 1 Whether the order of the Mbombela Magistrate's Court dated 13 July 2016 constitutes a final judgment on the dispute between the parties.
  2. 2 Whether the Second Respondent has jurisdiction to arbitrate the dispute between the Applicant and First Respondent.
  3. 3 Whether the Applicant is entitled to proceed with execution of the warrant issued in terms of the court order.

Ratio Decidendi

The court found that the adjudicator's determination, once made an order of court and not challenged within the prescribed ten-day period, becomes final and binding upon the parties. The Applicant was entitled to enforce the determination as a contractual obligation in terms of Clause 7.2.2 of the adjudication rules. The Respondent's failure to challenge the determination within the stipulated period and subsequent compliance with the court order precluded any further referral to arbitration. The Second Respondent, therefore, lacked jurisdiction to arbitrate the dispute, and the Applicant was entitled to proceed with execution of the warrant issued in terms of the court order. The court...

Court Disposition

Application granted in favour of the Applicant.

Orders

  • It is declared that the order of the Mbombela Magistrate's Court dated 13 July 2016 is a final judgment on the dispute between the parties.
  • The Applicant has the right to proceed with execution of the warrant issued in terms of the court order.