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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 497

Lutzkie and Others v Kilken Platinum (Pty) Ltd and Others (37252/2021)

Lutzkie and Others v Kilken Platinum (Pty) Ltd and Others (37252/2021) [2024] ZAGPPHC 497 (28 May 2024)

The High Court referred a section 163 oppression application to trial because of material factual disputes, while granting interim access and board-related relief.

  • Oppressive Conduct
  • Shareholder Rights
  • Section 163 Companies Act
  • Dispute Resolution Clause
  • Motion Proceedings
  • Doctrine Of Election
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Civil Procedure [2023] ZALMPPHC 73

Kipp Consulting Engineers JV Mashaipone General Construction CC v MEC for the Department of Rural Development and Land Reform: Limpopo Province (7741/2020)

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)

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.

  • Contract Termination
  • Internal Remedies Exhaustion
  • Dispute Resolution Clause
  • Jurisdictional Plea
  • Internal-remedies-exhaustion
  • Contract-termination
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Commercial And Corporate [2022] ZAGPJHC 645

Hlano Financial Services (PTY) Ltd v Member of the Executive Council for Human Settlements and Another (40390/2020)

Hlano Financial Services (PTY) Ltd v Member of the Executive Council for Human Settlements and Another (40390/2020) [2022] ZAGPJHC 645 (19 August 2022)

The court dismissed a counterclaim, upheld an expert’s award under a process agreement, and made the award an order of court.

  • Contract Interpretation
  • Expert Award Enforcement
  • Settlement Agreement
  • Dispute Resolution Clause
  • Contract-interpretation
  • Expert-award-enforcement
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Commercial And Corporate [2022] ZAGPJHC 158

TUV SUD South Africa (Pty) Ltd v Eskom Holdings Limited (2020/11544)

TUV SUD South Africa (Pty) Ltd v Eskom Holdings Limited (2020/11544) [2022] ZAGPJHC 158 (18 March 2022)

The High Court held that TÜV SÜD was entitled to payment for services rendered to Eskom under a Task Order linked to the existing NEC3 contract.

  • Contractual Liability
  • Specific Performance
  • Payment Assessment Certificates
  • Dispute Resolution Clause
  • Contract-law
  • Payment-disputes
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Land And Property [2022] ZANWHC 2

Du Plooy v Van Zyl (UM 197/2021)

Du Plooy v Van Zyl (UM 197/2021) [2022] ZANWHC 2 (16 February 2022)

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.

  • Electricity Supply Agreement
  • Interim Interdict
  • Contractual Nonperformance
  • Urgent Application Procedure
  • Tampering Of Electricity Meter
  • Dispute Resolution Clause
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Commercial And Corporate [2019] ZAGPPHC 554

Phiri v Mathopa and Other (50550/2019)

Phiri v Mathopa and Other (50550/2019) [2019] ZAGPPHC 554 (1 November 2019)

The High Court dismissed an urgent application to stop a shareholder from removing the applicant as director, and struck out scandalous allegations.

  • Removal Of Director
  • Shareholders Agreement
  • Interdict
  • Companies Act
  • Dispute Resolution Clause
  • Director-removal
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Civil Procedure [2018] ZAFSHC 41

Valortrade 74 (Pty) Ltd t/a MC Steelworks v Sasol Chemical Industries Limited (3360/2016)

Valortrade 74 (Pty) Ltd t/a MC Steelworks v Sasol Chemical Industries Limited (3360/2016) [2018] ZAFSHC 41 (12 April 2018)

High Court dismissed an application for condonation, finding a late dispute referral under an arbitration clause was unjustified and caused no proven undue hardship.

  • Arbitration Act Section 8
  • Condonation
  • Dispute Resolution Clause
  • Stay Of Proceedings
  • Arbitration
  • Contract-dispute-resolution
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Land And Property [2016] ZAGPJHC 190

Ascension Properties Limited v Sebola (2015/05678)

Ascension Properties Limited v Sebola (2015/05678) [2016] ZAGPJHC 190 (8 July 2016)

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.

  • Ejectment
  • Lease Agreement
  • Arrear Rental
  • Dispute Resolution Clause
  • Lease-agreement
  • Arrear-rental
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Commercial And Corporate [2016] ZAFSHC 76

Thabula Trade and Invest 3 (Pty) Ltd v Ruwacon (Pty) Ltd and Others (866/2016)

Thabula Trade and Invest 3 (Pty) Ltd v Ruwacon (Pty) Ltd and Others (866/2016) [2016] ZAFSHC 76 (2 June 2016)

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…

  • Retention Money
  • Construction Contracts
  • Contractual Interpretation
  • Interest On Debt
  • Dispute Resolution Clause
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Commercial And Corporate [2016] ZAGPJHC 99

Divine Inspiration Trading 130 (Pty) Limited v Aveng Greenaker-LTA (Pty) Ltd and Others (2015/10455)

Divine Inspiration Trading 130 (Pty) Limited v Aveng Greenaker-LTA (Pty) Ltd and Others (2015/10455) [2016] ZAGPJHC 99 (13 May 2016)

The High Court dismissed an application seeking declarations and arbitration-related relief under a FIDIC subcontract, finding the relief misdirected and improperly pleaded.

  • Arbitration Agreement
  • Dispute Resolution Clause
  • Jurisdiction Of Arbitrators
  • Alternative Relief
  • Contract Termination
  • Arbitration
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.