South Africa Case Law

Consortium Comprising: KC Cottrell Co (Pty) Ltd and Another v Santam Limited and Others (Appeal) (2023/009986)

Consortium Comprising: KC Cottrell Co (Pty) Ltd and Another v Santam Limited and Others (Appeal) (2023/009986) [2023] ZAGPJHC 331 (17 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/009986

Judge

S D J Wilson

Leave to appeal was refused in a dispute over a construction demand guarantee. The court held the guarantee could be called on an honest allegation of breach.

• Demand Guarantee
• Interim Interdict
• Fraudulent Call On Guarantee
• Unconscionability
• Construction Contract
• Leave To Appeal

KNS Construction (Pty) Limited v Genesis on Fairmount and Another (08/31859)

KNS Construction (Pty) Limited v Genesis on Fairmount and Another (08/31859) [2009] ZAGPJHC 39 (21 August 2009)

Court

South Gauteng High Court, Johannesburg

Case number

08/31859

Judge

Mokgoatlheng

The court found that the applicant failed to establish fraud in the first respondent's invocation of the Construction Guarantee. The first respondent was entitled to cancel the contract after the applicant failed to achieve practical completion by the agreed date, and proper notice was given to rectify the default. The guarantee was payable on demand, and the applicant's allegations of unlawful deductions and late payment did not amount to material breaches precluding cancellation. The applicant's proprietary interest did not override the independent nature of the guarantee contract. The cour…

Source excerpt

• Construction Guarantee
• Fraudulent Call On Guarantee
• Interim Interdict
• Material Breach
• Mora Debitoris