South Africa Case Law

Tahilram v Trustees of the Lukamber Trust and Another (845/2020)

Tahilram v Trustees of the Lukamber Trust and Another (845/2020) [2021] ZASCA 173; 2022 (2) SA 436 (SCA) (9 December 2021)

Court

Supreme Court of Appeal

Case number

845/2020

Judges

Zondi, Dambuza, Plasket, Hughes, Meyer

The Supreme Court of Appeal held that the shareholders agreement conferred finality on the valuer's determination of the fair market value of the shares. Once the valuer's written valuation report was communicated to the parties, he became functus officio and was not legally entitled to unilaterally withdraw or amend his valuation. The court rejected the majority view in Perdikis v Jamieson, endorsing the minority view and subsequent case law that emphasised certainty and finality in commercial contracts. Only a court may interfere with a valuer's determination, and only on narrow grounds suc…

Source excerpt

• Shareholders Agreement
• Expert Valuation
• Functus Officio
• Finality Of Awards
• Contractual Interpretation

Reward Ventures 01 CC v Walker and Another (946/2012)

Reward Ventures 01 CC v Walker and Another (946/2012) [2013] ZASCA 207 (5 December 2013)

Court

Supreme Court of Appeal

Case number

946/2012

Judges

Maya, Bosielo, Wallis, Petse, Meyer

The SCA held that an arbitration award can be final even without express dismissal of counterclaims or reasons, where the award necessarily disposes of them.

• Arbitration Act 1965
• Finality Of Awards
• Gross Irregularity
• Counterclaims In Arbitration
• Rectification Of Contract
• Summary Arbitration Procedure

SA Breweries Ltd. v Shoprite Holdings Ltd. (476/06)

SA Breweries Ltd. v Shoprite Holdings Ltd. (476/06) [2007] ZASCA 103; [2007] SCA 103 (RSA); [2008] 1 All SA 337 (SCA); 2008 (1) SA 203 (SCA) (14 September 2007)

Court

Supreme Court of Appeal

Case number

476/06

Judges

Scott, Lewis, Van Heerden, Malan, Kgomo

The Supreme Court of Appeal held that an expert’s accounting determination under a sale agreement was valid and capable of implementation.

• Expert Determination
• Contractual Dispute Resolution
• Finality Of Awards
• Sale Of Business
• Accounting Disputes
• Expert-determination