Supreme Ontwikkelings Bk and Others v Perold N.O. and Others (36416/2011)
Supreme Ontwikkelings Bk and Others v Perold N.O. and Others (36416/2011) [2015] ZAGPPHC 347 (14 May 2015)
The court found that the defendants failed to properly raise the arbitration clause as a special plea and only did so as points in limine after participating in the proceedings for several years. The court held that the jurisdiction of the High Court was not ousted by the arbitration clause, especially since there was a dispute as to which house rules were applicable and an arbitrator or umpire could not issue a declaratory order on this issue. The court further found that neither Mr de Villiers nor the La Rochelle Trust were necessary parties as they no longer owned any property in the estat…
Source excerpt
- Joinder Of Parties
- Arbitration Clauses
- House Rules
- Servitude Rights