Lutzkie and Others v Kilken Platinum (Pty) Ltd and Others (37252/2021) [2024] ZAGPPHC 497 (28 May 2024)
Court
North Gauteng High Court, Pretoria
Case number
37252/2021
Judge
BAM
The High Court referred a section 163 oppression application to trial because of material factual disputes, while granting interim access and board-related relief.
Kipp Consulting Engineers JV Mashaipone General Construction CC v MEC for the Department of Rural Development and Land Reform: Limpopo Province (7741/2020) [2023] ZALMPPHC 73 (15 August 2023)
Court
Limpopo High Court, Polokwane
Case number
7741/2020
Judge
Kganyago
The High Court held that the contract’s dispute mechanism had been exhausted in substance and dismissed the defendant’s special plea of lack of jurisdiction with costs.
Hlano Financial Services (PTY) Ltd v Member of the Executive Council for Human Settlements and Another (40390/2020) [2022] ZAGPJHC 645 (19 August 2022)
Court
South Gauteng High Court, Johannesburg
Case number
40390/2020
Judge
Victor
The court dismissed a counterclaim, upheld an expert’s award under a process agreement, and made the award an order of court.
Du Plooy v Van Zyl (UM 197/2021) [2022] ZANWHC 2 (16 February 2022)
Court
North West High Court, Mafikeng
Case number
UM 197/2021
Judge
R.D Hendricks
The High Court discharged a rule nisi in an urgent electricity-disconnection dispute, holding the applicants failed to show a prima facie right to interdictory relief.
Valortrade 74 (Pty) Ltd t/a MC Steelworks v Sasol Chemical Industries Limited (3360/2016) [2018] ZAFSHC 41 (12 April 2018)
Court
Free State High Court, Bloemfontein
Case number
3360/2016
Judge
P J Loubser
High Court dismissed an application for condonation, finding a late dispute referral under an arbitration clause was unjustified and caused no proven undue hardship.
Ascension Properties Limited v Sebola (2015/05678) [2016] ZAGPJHC 190 (8 July 2016)
Court
South Gauteng High Court, Johannesburg
Case number
2015/05678
Judge
C G Lamont
The High Court granted ejectment after finding the respondent was in rental arrears and that the lease’s dispute-resolution clause did not bar the court from hearing the matter.
Thabula Trade and Invest 3 (Pty) Ltd v Ruwacon (Pty) Ltd and Others (866/2016) [2016] ZAFSHC 76 (2 June 2016)
Court
Free State High Court, Bloemfontein
Case number
866/2016
Judge
P. Zietsman
The court found that the dispute resolution clause in the subcontracts was permissive, not mandatory, and did not preclude the applicant from seeking relief in court. The retention clauses in both subcontracts were interpreted to mean that retention monies became payable upon final completion as certified by the engineer, and not subject to a further defects liability period or contingent on the main contractor first receiving payment from the employer. The court accepted the close-out reports from the engineer as certification of final completion and satisfaction with the retention work. The…
Divine Inspiration Trading 130 (Pty) Limited v Aveng Greenaker-LTA (Pty) Ltd and Others (2015/10455) [2016] ZAGPJHC 99 (13 May 2016)
Court
South Gauteng High Court, Johannesburg
Case number
2015/10455
Judge
T.V. Ratshibvumo
The High Court dismissed an application seeking declarations and arbitration-related relief under a FIDIC subcontract, finding the relief misdirected and improperly pleaded.