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South Africa decisions
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Axton Matrix Construction CC v Roads Agency Limpopo Soc Limited and Another (HCAA07/2023) [2024] ZALMPPHC 81 (1 August 2024)
The High Court dismissed an appeal and cross-appeal over arbitration and adjudication issues in a road construction dispute, with costs on Scale C.
MEC: Department of Roads and Transport, Gauteng Province and Another v Kwagga Holdings (PTY) Ltd and Others (6577/2021) [2022] ZAGPJHC 608 (26 August 2022)
The High Court stayed a writ of execution against Gauteng Department bank accounts, finding procedural defects under the State Liability Act and a disputed underlying basis.
Real Refreshments Supplier (Pty) Ltd v Ngubane and Others (14910/2019) [2019] ZAGPPHC 120 (4 April 2019)
The court found that the applicant failed to establish locus standi, as there was insufficient evidence that the rights and obligations under the building contract were ceded from Drickus Crous Construction (Pty) Ltd to Real Refreshments Supplier (Pty) Ltd. Even if locus standi were accepted, the applicant did not prove on a balance of probabilities that it was in peaceful and undisturbed possession of the stand at the relevant time. The evidence, including a site inspection report and confirmatory affidavit, indicated that the applicant had abandoned the site and was not in possession when t…
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Norland Construction (Pty) Ltd v Chris Hani District Municipality (1998/2016) [2016] ZAECGHC 110 (26 October 2016)
The High Court refused summary judgment in a construction contract dispute, finding the municipality had disclosed a bona fide defence and could defend the claim.
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