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South Africa decisions
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Coyle and Another v Classic Comfort Construction and Others (Pty) Ltd (2022/029290) [2025] ZAGPJHC 587 (11 June 2025)
The High Court refused to stay arbitration over a construction payment dispute, finding no compelling reason to halt the arbitration pending related action proceedings.
Enza Construction (Pty) Ltd v Mpumalanga Economic Growth Agency and Others (5257/2022) [2024] ZAMPMBHC 36 (30 May 2024)
The court allowed the second defendant to withdraw admissions and amend its plea, finding triable issues, and dismissed the plaintiff’s bid for default judgment.
Maseko and Another v Allandins Ring Trading 519cc and Another (1691/2023) [2024] ZAFSHC 107 (15 April 2024)
The High Court partially upheld an exception to particulars of claim in a building-contract dispute, striking the claim against the second defendant but dismissing the other grounds.
Kaan Property Development Nr. 2 v Ditshwene (A30/2022) [2023] ZAGPPHC 1126 (23 August 2023)
The court found that the respondent, with full knowledge of her rights under the agreement, waived her right to have the dispute referred to arbitration by failing to respond to the appellant's invitations. This non-responsiveness constituted exceptional circumstances justifying dismissal of the special plea of arbitration. The Regional Court erred in dismissing the appellant's claim instead of referring the dispute to arbitration, as no determination on the merits was made. The proper relief was to dismiss the special plea of arbitration and allow the matter to proceed. The court also declin…
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Aveng Africa (Pty) Ltd v Seventy Five on Maude (Pty) Ltd and Another (13909/21) [2022] ZAGPJHC 352 (24 May 2022)
The High Court dismissed a review of an arbitral award, holding that the arbitrator did not exceed his powers and no gross irregularity was shown.
Van der Merwe and Others v Bevcon Management Services (Pty) Ltd and Another (3519/17; 21816/1) [2020] ZAGPPHC 234 (21 February 2020)
The High Court dismissed a review of an arbitration award arising from a building contract dispute, finding no gross irregularity, misconduct, or improper procurement.
Ntanzi and Another v Draht (12726/2013) [2018] ZAGPPHC 363 (18 May 2018)
The High Court granted leave to amend a plea and counterclaim to seek rectification of a building contract price, holding the dispute should be tested at trial.
Synthesis Projects CC v SBTJ Properties CC (32497/2016) [2017] ZAGPJHC 67 (10 March 2017)
High Court enforcement of a JBCC adjudicator’s decision was granted, rejecting a jurisdiction challenge and ordering payment, interest, and attorney-and-client costs.
Mooikloof Estates (Pty) Limited v Van der Walt and Another (A700/15) [2017] ZAGPPHC 482 (1 March 2017)
The court held that the arbitrator acted fairly and within the scope of the arbitration agreement and the Arbitration Act. Mooikloof Estates was not entitled to challenge the principal agent's decisions regarding extensions of time in the arbitration, as those decisions were made independently and impartially. The arbitrator's reduction of penalties was rational, based on considerations of fairness within the building industry, and did not rely on inadmissible evidence. The grounds advanced by Mooikloof for setting aside the award did not constitute gross irregularities as contemplated by sec…
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Fikeni and Others v Mlamli Projects CC and Others, In re: Mlamli Projects CC v Fikeni and Others (39611/2013) [2015] ZAGPPHC 880 (29 October 2015)
The High Court refused a postponement sought by the IDT trustees, finding no sufficient cause and holding that the alleged cession did not justify delaying trial.
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