South Africa Case Law

Khum MK Investments and Bie Joint Venture (Pty) Limited v Eskom Holdings SOC and Another (30169/2018)

Khum MK Investments and Bie Joint Venture (Pty) Limited v Eskom Holdings SOC and Another (30169/2018) [2020] ZAGPJHC 7 (23 January 2020)

Court

South Gauteng High Court, Johannesburg

Case number

30169/2018

Judge

L T Modiba

The court held that the arbitrator did not commit any gross irregularity or exceed his powers in upholding Eskom's special plea of prescription. The settlement agreement constituted an agreement to refer disputes to arbitration, but the disputes only became subject to arbitration once formulated in the statement of claim. The claims introduced by amendment were new debts and had already prescribed by the time they were introduced. The arbitrator acted within his mandate, and no irregularities in the proceedings were established. The applicant's complaint was against the result, not the conduc…

Source excerpt

• Arbitration Review
• Prescription Act
• Gross Irregularity
• Settlement Agreement
• Delay In Review Application

Keyter N.O. v Louw and Another (3606/2014)

Keyter N.O. v Louw and Another (3606/2014) [2016] ZAECGHC 23 (26 April 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

3606/2014

Judge

N G Beshe

The High Court dismissed an executor’s review of a liquidator’s rejection of partnership claims, holding that a finality clause barred review absent gross irregularity.

• Partnership Liquidation
• Finality Clause
• Review Of Liquidator Decision
• Delay In Review Application
• Partnership-liquidation
• Finality-clause