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South Africa decisions
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Dr Fekeni and Others v Lombard Insurance Company Limited and Another (43891/19) [2024] ZAGPJHC 84 (2 February 2024)
The High Court dismissed claims under a construction guarantee and a counterclaim, holding the demand was non-compliant and business rescue did not trigger the clause relied on.
Gqange Construction CC v Kay N.O and Another (3905/2021) [2022] ZAECQBHC 48 (13 December 2022)
The High Court dismissed a late review of an arbitration award, refusing condonation because the applicant gave no reasonable explanation and had no prospects of success.
GD Irons Construction Proprietary Limited v Thumos Properties (Pty) Ltd and Others (35401/2013) [2022] ZAGPPHC 268 (25 April 2022)
The court found that the totality of the evidence, including documentary and witness testimony, established that Capicol 1 (Pty) Ltd was the true employer under the Principal Building Agreement. The reflection of Capicol (Pty) Ltd as employer was a bona fide common mistake. The conduct of the parties, subsequent documentation, and the defendants' own admissions supported rectification. The requirements for rectification were met, and the plaintiff was entitled to judgment against the second defendant for the outstanding balance and interest. The amounts paid under the first six payment certif…
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Dlodlo and Others v Omega Construction and Building (Pty) Ltd (CA85/2022) [2022] ZAECMKHC 1 (1 March 2022)
The High Court struck an appeal from the roll, holding that a default judgment against barred defendants was not final and remained rescindable.
Pro-Khaya Construction CC v Independent Development Trust (3065/2015) [2016] ZAECPEHC 10; [2016] 2 All SA 909 (ECP) (22 March 2016)
The court found that there was a valid and consensual agreement between the parties, through their attorneys, to refer all disputes—including those in the High Court action and costs—to arbitration. The respondent's denial of participation and knowledge was rejected as untenable, given the correspondence and conduct of its attorneys. The citation of the Trust was condoned as all trustees were effectively before the court. The arbitrator acted within his powers, permitted procedural amendments, and applied the correct interest rate as per the JBCC agreement and legislation. The Trust failed to…
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Radon Projects (Pty) Ltd v N V Properties (Pty) Ltd and Another (528/12) [2013] ZASCA 83; [2013] 3 All SA 615 (SCA); 2013 (6) SA 345 (SCA) (31 May 2013)
The Supreme Court of Appeal held that the contractor's revised claims, submitted after practical completion and based on new information, constituted disputes arising out of the agreement and were properly referable to arbitration. The court rejected the employer's argument that the arbitrator lacked jurisdiction because the initial claims had been finally disposed of during construction, finding that the current claims were distinct and not precluded by earlier decisions. The court further clarified that whether a dispute is resolved by adjudication or arbitration depends on when it is submi…
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East London Own Haven t/a own Haven Housing Association v Coface South Africa Insurance Company Limited (09/12141) [2011] ZAGPJHC 18 (22 March 2011)
High Court exception judgment on a construction guarantee, holding that the insurer could plead around whether cancellation was due to contractor default.
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