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South Africa decisions
Decisions matching the current search
Axton Matrix Construction (Pty) Ltd v Mbombela Local Municipality (1062/2022) [2024] ZAMPMBHC 7 (2 February 2024)
The High Court held that construction payment certificates were not liquid documents for provisional sentence because liability required extrinsic evidence.
Botshabelo Consulting Engineers (Pty) Ltd v Greater Giyani Municipality (5346/2020) [2023] ZALMPPHC 61 (4 August 2023)
High Court granted provisional sentence for unpaid payment certificate and retention monies under a construction contract, finding no valid defence.
Consortium Comprising: KC Cottrell Co (Pty) Ltd and Another v Santam Limited and Others (Appeal) (2023/009986) [2023] ZAGPJHC 331 (17 April 2023)
Leave to appeal was refused in a dispute over a construction demand guarantee. The court held the guarantee could be called on an honest allegation of breach.
20 Twenty (Pty) Ltd v Tsantsabane Local Municipality (404/2016) [2023] ZANCHC 6 (10 March 2023)
The High Court dismissed a municipality’s special plea seeking a stay of proceedings for arbitration, finding it had not complied with the contract’s arbitration preconditions.
Jovan Projects (Pty) Ltd v ICB Property Investments (Pty) Ltd (2020/32427) [2021] ZAGPJHC 836 (20 December 2021)
Summary judgment was granted for unpaid certified construction invoices. The court held the certificates were liquid documents and rejected the respondent’s defence and counterclaim.
Mokwana v Pieterse Home Builders (Eiendoms) Bpk. (603/90) [1992] ZASCA 145 (15 September 1992)
The Supreme Court of Appeal held that the respondent had not pleaded facts showing entitlement to a payment certificate, so summary judgment was wrongly granted.
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