South Africa Case Law

Malange v Wanga Engineering and Construction Services CC (16427/22)

Malange v Wanga Engineering and Construction Services CC (16427/22) [2023] ZAGPJHC 1292 (13 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16427/22

Judge

A Friedman

The application for leave to appeal is dismissed because none of the grounds advanced by the respondent have reasonable prospects of success. The respondent did not object to jurisdiction on the basis of the arbitration clause, thereby waiving that right. The alleged disputes of fact were immaterial and did not constitute a defence to the applicant's claim. The respondent did not deny liability for the outstanding payment, but rather sought to justify non-payment, which does not create a genuine dispute. Set-off was excluded by the terms of the building contract and was not applicable as both…

Source excerpt

• Leave To Appeal
• Arbitration Clause
• Set Off
• Building Contract
• Costs Order

Daddy Tee Builders CC v Smith (CA 128/2020)

Daddy Tee Builders CC v Smith (CA 128/2020) [2021] ZAECGHC 37 (13 April 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 128/2020

Judges

Rugunanan, Nglangulela

The High Court upheld an appeal about an oral building contract, finding the probabilities favoured the builder’s version and referring quantum back to the trial court.

• Oral Contract
• Building Contract
• Quantum Of Damages
• Counterclaim
• Credibility Assessment
• Oral-contract

Dube and Another v Off the Grid CC and Others (2019/29442)

Dube and Another v Off the Grid CC and Others (2019/29442) [2020] ZAGPJHC 141 (7 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2019/29442

Judge

Adams

The High Court held the applicants owed a final balance under a building contract and awarded judgment and costs to the respondents.

• Debatement Of Account
• Building Contract
• Specific Performance
• Contractual Variations
• Costs Award
• Lien And Possession

Arise General Construction CC Reg CK2001/031812/23 v South African National Parks (79889/20165)

Arise General Construction CC Reg CK2001/031812/23 v South African National Parks (79889/20165) [2016] ZAGPPHC 697 (12 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

79889/20165

Judge

Raulinga

The court found that the applicant failed to make a sufficient case for relief under the mandament van spolie. The applicant's right to possession of the site was lawfully terminated due to its failure to comply with contractual obligations regarding practical completion of the works. The respondent followed due process by issuing notices of default and granting indulgences before lawfully cancelling the contract and instructing the applicant to vacate the site. The applicant was not unlawfully dispossessed, and the mandament van spolie was not applicable. The application was dismissed with c…

Source excerpt

• Mandament Van Spolie
• Building Contract
• Possession
• Termination Of Contract

Du Preez v Tornel Props (Pty) Ltd (20714/14)

Du Preez v Tornel Props (Pty) Ltd (20714/14) [2015] ZASCA 134 (29 September 2015)

Court

Supreme Court of Appeal

Case number

20714/14

Judges

Shongwe, Saldulker, Swain, Mbha, Baartman

The Supreme Court of Appeal held that refusal to make progress payments justified the contractor’s withholding of work and the employer’s cancellation was repudiatory.

• Building Contract
• Repudiation
• Reciprocal Obligations
• Quantum Of Damages
• Progress Payments
• Building-contract

Coombe N.O v Premier of the Province of KwaZulu Natal (2144/2000)

Coombe N.O v Premier of the Province of KwaZulu Natal (2144/2000) [2015] ZAKZDHC 62 (31 July 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

2144/2000

Judge

Sishi

The High Court dismissed two special pleas: non-referral under a building contract dispute clause and prescription under the Prescription Act.

• Special Plea
• Prescription Act
• Contractual Dispute Resolution
• Building Contract
• Extension Of Time
• Final Account

Officescape Interior Contractors v Waymark Infotech (Pty) Ltd (1344/2015)

Officescape Interior Contractors v Waymark Infotech (Pty) Ltd (1344/2015) [2015] ZAGPPHC 152 (2 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

1344/2015

Judge

E M Kubushi

The High Court dismissed a summary judgment application, finding the defendant had raised a bona fide defence relating to defective workmanship and the payment certificate.

• Summary Judgment
• Building Contract
• Payment Certificate
• Defective Workmanship
• Summary-judgment
• Building-contracts

Jazzspirit 101 (Pty) Ltd v Cole (38801/2012)

Jazzspirit 101 (Pty) Ltd v Cole (38801/2012) [2012] ZAGPPHC 348 (7 December 2012)

Court

North Gauteng High Court, Pretoria

Case number

38801/2012

Judge

Makgoka

The High Court dismissed an exception to particulars of claim in a building-contract dispute, finding the alleged defects were technical and did not prevent a plea.

• Exception Procedure
• Vague And Embarrassing Pleading
• Building Contract
• Quantity Surveyor Certificate
• Exception-procedure
• Vague-and-ambiguous-pleadings

Standard Bank of South Africa Ltd v Korea One Africa Construction CC (29043/07)

Standard Bank of South Africa Ltd v Korea One Africa Construction CC (29043/07) [2012] ZAGPPHC 144 (1 August 2012)

Court

North Gauteng High Court, Pretoria

Case number

29043/07

Judge

Prinsloo

The court found that the defendant undertook to repay R1 million after an unauthorized progress payment and ordered repayment, interest, and costs.

• Oral Agreement
• Misrepresentation
• Progress Payment
• Building Contract
• Counter Claim
• Liquidation Proceedings

R & R Construction v Gayadeen and Another (5609/2000)

R & R Construction v Gayadeen and Another (5609/2000) [2012] ZAKZDHC 98 (15 May 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

5609/2000

Judge

Mbatha

The court held the first defendant liable for a construction debt on a dwelling erected on his land and found the claim had not prescribed.

• Enrichment
• Prescription
• Joint And Several Liability
• Building Contract
• Payment Of Debt
• Unjust-enrichment