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South Africa Case Law

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Civil Procedure [2018] ZAECGHC 37

K H Construction CC v Jenkins N.O. and Another (CA326/2017)

K H Construction CC v Jenkins N.O. and Another (CA326/2017) [2018] ZAECGHC 37 (22 May 2018)

Court
Eastern Cape High Court, Grahamstown
Case number
CA326/2017
Judges
Pickering, Chetty, Tokota

The court found that the arbitrator committed a gross irregularity by accepting and relying on the second respondent's untested evidence after he abandoned cross-examination, thereby denying the appellant a fair opportunity to challenge material aspects of the case. This conduct prevented a fair trial of the issues and resulted in manifest prejudice to the appellant. Furthermore, the arbitrator exceeded his powers by awarding specific performance when only damages were pleaded and sought by the second respondent, without affording the parties an opportunity to address this relief. The appella…

Source excerpt

  • Arbitration Act Review
  • Gross Irregularity
  • Specific Performance
  • Cross Examination Rights
  • Arbitrator Exceeding Powers
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Civil Procedure [2017] ZAWCHC 109

Three Cities Management (Pty) Ltd v Bantry Bay Management Company (Pty) Ltd and Another (7474/2017)

Three Cities Management (Pty) Ltd v Bantry Bay Management Company (Pty) Ltd and Another (7474/2017) [2017] ZAWCHC 109 (22 September 2017)

Court
Western Cape High Court, Cape Town
Case number
7474/2017
Judge
Davis

The court held that the arbitrator did not exceed his powers or commit a gross irregularity. The dispute referred to arbitration was whether the management and marketing agreement was automatically renewed or had terminated after the initial period. The arbitrator's finding that the agreement had been tacitly cancelled was not a new point but flowed directly from the evidence and pleadings. The applicant's dissatisfaction with the result did not justify interference by the court, as the arbitrator acted within the scope of the dispute and the principles governing arbitration review require a…

Source excerpt

  • Arbitration Act Review
  • Arbitrator Exceeding Powers
  • Gross Irregularity
  • Contract Termination
  • Pleadings Scope
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.