South Africa Case Law

Mtech Constructions (Pty) Ltd v Goosen Mega Enterprise (Pty) Ltd (Leave to Appeal) (024968/24)

Mtech Constructions (Pty) Ltd v Goosen Mega Enterprise (Pty) Ltd (Leave to Appeal) (024968/24) [2025] ZAGPPHC 296 (18 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

024968/24

Judge

B Lesufi

The threshold for granting leave to appeal has been raised by section 17 of the Superior Courts Act, requiring a reasonable prospect of success. The applicant failed to demonstrate any exceptional circumstances or a sound, rational basis for the appeal against the costs order. The discretion exercised by the court a quo regarding costs was judicious and in accordance with established principles. Both parties contributed to the dispute, and the respondent's initiation of liquidation proceedings was without merit, but the applicant also failed to pay the undisputed amount. The application for l…

Source excerpt

• Leave To Appeal
• Costs Order
• Liquidation Application
• Construction Contract Dispute

Seokodibeng Properties Developer Elias Homes CC JV v MEC for Public Works & Infrastructure Limpopo and Another (7562/23)

Seokodibeng Properties Developer Elias Homes CC JV v MEC for Public Works & Infrastructure Limpopo and Another (7562/23) [2024] ZALMPPHC 151 (4 June 2024)

Court

Limpopo High Court, Polokwane

Case number

7562/23

Judge

Diamond

The High Court made a consolidated arbitration award an order of court and ordered the respondent to comply, granting attorney-and-client costs.

• Arbitration Award Enforcement
• Construction Contract Dispute
• Interim Award
• Costs Punitive Order
• Arbitration-award-enforcement
• Construction-contract-dispute

Makhado Project Management (PTY) LTD v Member Of The Executive Council, Department Of Infrastructure Development, Gauteng Provincial Government and Another (21/58814)

Makhado Project Management (PTY) LTD v Member Of The Executive Council, Department Of Infrastructure Development, Gauteng Provincial Government and Another (21/58814) [2023] ZAGPJHC 732 (27 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/58814

Judge

M. Olivier

The High Court enforced an adjudicator’s decision in a construction dispute, rejecting a proposed stay pending SIU proceedings and awarding punitive costs.

• Enforcement Of Adjudicator Award
• Stay Of Proceedings
• Construction Contract Dispute
• Special Investigating Unit Proceedings
• Punitive Costs
• Contractual Obligations

Roads Agency Limpopo SOC Ltd v Matla Consultants CC and Another (5103/2018)

Roads Agency Limpopo SOC Ltd v Matla Consultants CC and Another (5103/2018) [2022] ZALMPPHC 66 (29 November 2022)

Court

Limpopo High Court, Polokwane

Case number

5103/2018

Judge

Lithole

High Court dismissed an application to set aside an arbitration agreement in a road-construction dispute, and also dismissed the contractor’s counter-application.

• Arbitration Agreement
• Multiplicity Of Proceedings
• Good Cause For Setting Aside Arbitration
• Construction Contract Dispute
• Delictual Claim
• Joinder Of Parties

Ya-Rena Civils (Pty) Ltd v Magalies Water and Another (M 372/2018)

Ya-Rena Civils (Pty) Ltd v Magalies Water and Another (M 372/2018) [2022] ZANWHC 5 (25 January 2022)

Court

North West High Court, Mafikeng

Case number

M 372/2018

Judge

Mtembu AJ

High Court decision on a construction contract dispute about a ruling, dispute notices, and extending time under section 8 of the Arbitration Act.

• Arbitration Act Extension
• Contractual Interpretation
• Points In Limine
• Construction Contract Dispute
• Time Barred Claims
• Contractual-interpretation

KH Construction CC v Jenkins and Another (3887/2016)

KH Construction CC v Jenkins and Another (3887/2016) [2017] ZAECGHC 48 (25 April 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

3887/2016

Judge

Bloem

The High Court dismissed a review of an arbitration award, finding the applicant had not properly pleaded facts showing gross irregularity or excess of powers.

• Arbitration Act 1965
• Gross Irregularity
• Specific Performance
• Construction Contract Dispute
• Pleading Requirements
• Arbitration-act-1965

D&K Konstruksie Bk v De Villiers N.O and Others (4092/11)

D&K Konstruksie Bk v De Villiers N.O and Others (4092/11) [2011] ZAWCHC 316 (15 August 2011)

Court

Western Cape High Court, Cape Town

Case number

4092/11

Judge

A Schippers

The High Court held that a building-contract dispute, including extra work and defective workmanship, fell within a broad arbitration clause and ordered arbitration.

• Arbitration Agreement Enforcement
• Construction Contract Dispute
• Specific Performance
• Costs Award
• Repudiation Of Contract
• Arbitration-agreement-enforcement