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South Africa decisions
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Uniqon Developers (Pty) Ltd v City of Tshwane Metropolitan Municipality (013552/2023) [2024] ZAGPPHC 1227 (27 November 2024)
The High Court awarded interest from 23 February 2022, attorney-and-client costs, and rectified a contract annexure reference; the capital claim was moot after payment.
Level 7 Restaurant (Pty) Ltd t/a Level 7 v Signature Restaurant Group (Pty) Ltd (2023/051229) [2024] ZAGPJHC 944 (25 September 2024)
Section 28 of the Arbitration Act 42 of 1965 cannot reasonably be interpreted to permit appeals to the High Court against arbitral awards, even if the parties agree otherwise. The Act establishes a system of private dispute resolution, and the powers conferred on courts are limited to policing the boundaries and facilitating arbitral proceedings, not reviewing the merits of awards. Allowing appeals to the High Court would undermine the speed, economy, privacy, and finality intended by the Act. The Bill of Rights does not require the law to give effect to contractual choices that are legally m…
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Azrapart (Pty) Ltd and Another v AIG South Africa Limited and Others (049359/2022) [2024] ZAGPJHC 689 (23 July 2024)
The High Court granted all five defendants leave to appeal on the contract and rectification issues in an insurance dispute over Covid-related business interruption cover.
Azrapart (Pty) Ltd and Another v AIG South Africa Limited and Others (049359/2022) [2024] ZAGPJHC 423 (3 May 2024)
High Court insurance dispute over business interruption cover held that the final policy governed, ICD cover was included, rectification failed, and the premium defence failed.
Christo Strydom Nutrition v University of the Free State (A169/2022) [2023] ZAFSHC 482 (12 December 2023)
Appeal against an exception in a contract dispute succeeded. The court held that a pleaded tacit term and rectification defence were not excipiable.
Izikhova Security Services CC v Durban University of Technology (D1946/2023) [2023] ZAKZDHC 88 (23 November 2023)
The High Court dismissed summary judgment, finding the defendant’s defence on the SLA’s written-variation requirements raised triable issues.
Labuschagne and Another v Van Straaten (A149/2021) [2023] ZAFSHC 138 (25 April 2023)
The High Court dismissed an appeal against rectification, cancellation, rescission, and eviction orders arising from a sale of land on instalments.
Babcock Ntuthuko Engineering (PTY) Ltd t/a Babcock Ntuthuko Powerlince v Eskom Holdings SOC Limited (32783/2021) [2022] ZAGPJHC 952 (25 November 2022)
The court found that the parties had voluntarily agreed to resolve disputes through adjudication and, if necessary, arbitration under the NEC3 contract. The Adjudicator's decision is binding and enforceable as a contractual obligation unless and until revised by an arbitration tribunal. The Respondent filed a notice of dissatisfaction within the prescribed period but failed to proceed with arbitration, thereby breaching the contract. The Respondent's jurisdictional and substantive defences were considered and rejected, as the Adjudicator had determined all relevant issues, including jurisdict…
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Wolfaardtt v Venter and Others (2019/11134) [2022] ZAGPJHC 102 (28 February 2022)
The court held that an earlier urgent interdict ruling did not finally decide the validity of two agreements, and referred the dispute to trial.
Transsec (4) RF Ltd v Pillay (2847/2020P) [2021] ZAKZPHC 69 (2 February 2021)
High Court summary judgment was granted to a vehicle finance cessionary. The court upheld cession, rejected force majeure and rectification defences, and ordered return of the vehicle.
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