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South Africa decisions
Decisions matching the current search
Mhlongo v Netball South Africa (071849/2024) [2025] ZAGPPHC 727 (8 July 2025)
The High Court stayed an application pending arbitration under Netball South Africa’s Constitution and ordered the applicant to pay costs on the points in limine.
South African Local Authorities Pension Fund v SOS Media Productions (Pty) Ltd t/a Black Door (10870/2022) [2023] ZAGPJHC 1285 (9 November 2023)
The court found that substantial factual disputes exist between the parties regarding the validity of the renewal notice and the respondent's continued occupation of the premises. The applicant failed to discharge its onus to show a very strong case against referral to arbitration. The lease agreement contains a valid arbitration clause, and the respondent properly raised a preliminary point in limine for referral to arbitration. The court exercised its discretion to stay the proceedings pending arbitration, as required by section 6(2) of the Arbitration Act and relevant case law. The applica…
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RNT Management Services CC v Maluti-A-Phofung Local Municipality and Another (3806/2020) [2023] ZAFSHC 460 (3 November 2023)
The High Court refused a late Rule 33(4) separation application, finding it would unfairly delay trial and prejudice the plaintiff. Costs were awarded against the defendants.
Lukoil Marine Lubricants DMCC v Natal Energy Resources and Commodities (Pty) Ltd (12583/21P) [2023] ZAKZPHC 31 (16 March 2023)
The High Court stayed South African proceedings pending arbitration in London under English law and the LMAA rules, and reserved costs.
M.H obo H.J.W and Another v R.W.W and Others (EL 139/2020) [2022] ZAECELLC 39 (13 December 2022)
The court found that the applicants, particularly the minor children represented by their mother, have locus standi to refer the dispute regarding the management of the trust to arbitration under clause 34 of the trust deed. The trust deed, as interpreted in light of relevant case law, confers rights on contingent beneficiaries to protect their interests against maladministration. The arbitration clause is sufficiently broad to encompass disputes about the application and management of the trust, including alleged breaches of fiduciary duty and ultra vires actions by trustees. The respondents…
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Development Bank of Southern Africa Limited v Proline Trading 60 (PTY) Ltd (30282/2020) [2022] ZAGPJHC 639 (5 September 2022)
The High Court stayed proceedings and referred a loan dispute to arbitration, finding good cause to extend the time limit under the Arbitration Act.
Modiboa Attorneys Incorporated v De Klerk and Another (UM59/2022) [2022] ZANWHC 19 (14 July 2022)
The High Court discharged a rule nisi and struck an urgent ex parte application from the roll because the dispute had to go to arbitration under the contract.
Gauteng Housing Secondary Co Operative Ltd v Eastsleigh Court Housing Co Operative and Others (2021/22783) [2022] ZAGPJHC 318 (3 May 2022)
The High Court declined jurisdiction over a management dispute because the agreements required arbitration or referral to a cooperative tribunal.
ET Solutions South Africa 1 (Pty) Ltd v Main Street 957 (RF) (Pty) Ltd; ET Solutions South Africa 1 (Pty) Ltd v Ramizone (RF) (Pty) Ltd (2021/2321;) [2022] ZAGPJHC 45; 20212333 (10 February 2022)
The High Court stayed two construction-payment applications pending arbitration over delayed liquidated damages, set-off, and extension-of-time disputes.
University Research Company, LLC (URC) v Vikelizizwe Solutions NPC (84026/19) [2021] ZAGPPHC 735 (29 October 2021)
The High Court referred a contract payment dispute to arbitration and stayed the proceedings, holding that the arbitration clause broadly covered the dispute.
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