Roads Agency Limpopo SOC Ltd v Matla Consultants CC and Another (5103/2018) [2022] ZALMPPHC 66 (29 November 2022)
Court
Limpopo High Court, Polokwane
Case number
5103/2018
Judge
Lithole
High Court dismissed an application to set aside an arbitration agreement in a road-construction dispute, and also dismissed the contractor’s counter-application.
Pro-Khaya Constructions CC v Strata Civils and Others (CA247/2018) [2019] ZAECGHC 115; [2020] 1 All SA 267 (ECG) (19 November 2019)
Court
Eastern Cape High Court, Grahamstown
Case number
CA247/2018
Judges
Lowe, Jaji, Potgieter
The court held that the appellant failed to demonstrate good cause to set aside the arbitration agreements under section 3(2)(c) of the Arbitration Act. The technical nature of the disputes, the advanced stage of the arbitrations, and the absence of allegations of fraud, misconduct, or constitutional infringement weighed against judicial intervention. The court found that the overlap between the arbitrations was limited and largely the result of the parties' own conduct. Multiplicity of proceedings and potential for conflicting decisions did not constitute compelling reasons in the circumstan…
Botswana Teachers' Union v Indumiso Outsourcing (Pty) Ltd (22366/2014) [2015] ZAGPPHC 349 (20 May 2015)
Court
North Gauteng High Court, Pretoria
Case number
22366/2014
Judge
R G Tolmay
The court found that Benefits Enterprises (Pty) Ltd played a pivotal role in the origin and development of the cause of action, as the claim against the applicant arose only due to Benefits' inability to repay the loan. The absence of Benefits from the arbitration proceedings would result in factual and legal findings against a party not present, risking prejudice and multiplicity of proceedings. The court held that Benefits has a direct and substantial interest in the matter and is a necessary party. Since Benefits cannot be joined to the arbitration, the arbitration cannot effectively proce…
South African Post Office Soc Ltd v Ubuhlebethu Business Enterprise CC and Another (58958/2013) [2014] ZAGPPHC 876 (3 November 2014)
Court
North Gauteng High Court, Pretoria
Case number
58958/2013
Judge
F W Botes
The High Court terminated pending arbitration, referred the dispute to trial, and joined the principal agent as a defendant to avoid fragmented proceedings.
