South Africa Case Law

Kekkel en Kraai Suid Afrika (Pty) Ltd v Bes-Buhr Trading CC and Others (A05/2023)

Kekkel en Kraai Suid Afrika (Pty) Ltd v Bes-Buhr Trading CC and Others (A05/2023) [2023] ZAWCHC 234; [2023] 4 All SA 439 (WCC) (1 September 2023)

Court

Western Cape High Court, Cape Town

Case number

A05/2023

Judges

Mantame, Sher, Fortuin

The court dismissed an appeal challenging an arbitral appeal tribunal’s refusal to condone a late cross-appeal and its finding that relief exceeded the pleaded case.

• Arbitration Agreement
• Afsa Rules
• Jurisdiction Of Arbitral Tribunal
• Condonation Of Late Filing
• Pleadings And Amendment
• Specific Performance

Gauteng Provincial Government v Bombela Concession Company (Pty) Ltd and Others (47315/2016)

Gauteng Provincial Government v Bombela Concession Company (Pty) Ltd and Others (47315/2016) [2016] ZAGPPHC 880 (22 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

47315/2016

Judge

C Pretorius

The court found that the applicant failed to provide a satisfactory explanation for the late filing of the review application and condonation application, and did not act with the required diligence. The applicant had already submitted to the Tribunal's jurisdiction by participating in prior hearings and abandoning jurisdictional objections. The Tribunal did not exceed its powers or improperly consider quantum data. The applicant was contractually obliged to issue Province Variation Notices for the bridge variations, and its conduct did not reflect good faith. The grounds advanced were not su…

Source excerpt

• Arbitration Act Review
• Condonation For Late Filing
• Jurisdiction Of Arbitral Tribunal
• Province Variation Notice
• Breach Of Concession Agreement