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South Africa decisions
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Van Rhyn N.O and Others v Avhakholwi and Others (17887/2021) [2022] ZAGPJHC 279 (5 July 2022)
The High Court held that rent under the leases must be valued on the unimproved land only, and granted declaratory relief on the lease interpretation.
MV Andre Builder Joiner CC v Nordien (19002/20) [2021] ZAWCHC 255 (6 December 2021)
The applicant established that the respondent breached the lease agreements by failing to pay rent, and that proper breach and cancellation notices were delivered in compliance with the Consumer Protection Act. The arbitration and magistrate's court clauses did not oust the High Court's jurisdiction, as they merely provided the applicant with an election of forum. The respondent's challenge to the authority of the applicant's deponent and the absence of a resolution was not properly raised and is without merit. The defence of supervening impossibility due to Covid-19 was rejected, following p…
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Mangolene N.O and Others v Small Enterptise Finance Agency (SOC) Limited (89435/2018) [2020] ZAGPPHC 6 (29 January 2020)
The High Court held that a broad trust deed arbitration clause covered the dispute about the scope of an earlier award, so the application was dismissed.
Bombardier Africa Alliance Consortium v Passenger Rail Agency of South Africa (65099/2017) [2018] ZAGPPHC 413 (18 May 2018)
The court held that the contract expressly provides that the DAB decision is binding and must be promptly given effect to unless and until it is revised by amicable settlement or arbitrable award. The respondent's notice of dissatisfaction and referral to arbitration do not suspend its obligation to comply with the DAB decision. Clause 20.7 only applies where no notice of dissatisfaction is given, which is not the case here. The court found that the respondent's late attempt to introduce an oral agreement regarding milestone payments was unsupported and irregular. The applicant is entitled to…
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G. Liviero & Son Building (Pty) Ltd v Sundowner Property Development (Pty) Ltd (49/11) [2011] ZASCA 217; [2012] 2 All SA 43 (SCA) (29 November 2011)
The Supreme Court of Appeal held that an employer was not barred from court by the contract’s arbitration clause, and that only part of a counterclaim was res judicata.
Cash Paymaster Services (North West) (Pty) Ltd v South African Social Security Agency (6406/2011) [2011] ZAGPPHC 190 (13 September 2011)
The High Court held that an arbitration appeal clause covered only awards, not interlocutory rulings, and set aside the respondent’s notice of appeal.
Bellingan Ingenieurs Ontwikkeling (Pty) Ltd v Saab Grintex Defence (Pty) Ltd And Another (49822/09) [2010] ZAGPPHC 264 (1 June 2010)
The High Court dismissed an application to have a dispute heard by interpleader proceedings, holding that the escrow and cooperation agreements required arbitration.
Howick Retirement Villages (Pty) Ltd v Lafarge Industries South Africa (Pty) Ltd (AR 493/09) [2010] ZAKZPHC 7 (11 March 2010)
The court held that a contractual right to refer a technical dispute to arbitration must be exercised within a reasonable time, and the special plea failed.
Body Corporate of Greenacres v Greenacres Unit 17 CC and Another (521/06) [2007] ZASCA 152; [2007] SCA 152 (RSA); [2008] 1 All SA 421 (SCA); 2008 (3) SA 167 (SCA) (28 November 2007)
The SCA held that sectional-titles disputes under management rule 71(1) go to arbitration, except where the relief sought is beyond an arbitrator’s powers.
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