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African Rainbow Minerals Ltd v Tam Holdings (Pty) Ltd and Others (2023-097235) [2024] ZAGPPHC 1332 (19 December 2024)
The High Court made an arbitral award an order of court, rejecting a late challenge that the award was a nullity and awarding punitive costs.
Montle and Neo Transport Service and Another v Engen Petroleum Limited and Another (20420/2022) [2023] ZAWCHC 212 (18 August 2023)
The court found that the distribution agreement was terminated lawfully by the first respondent in terms of clause 5.2, which permitted termination on ninety days' written notice without the need for reasons. The applicants failed to distinguish between termination by notice and cancellation for breach, and their allegations regarding breach and motive were legally irrelevant. The applicants did not plead or prove any facts to support a public policy challenge to the termination clause or its enforcement, and their attempt to introduce such an argument in heads of argument was impermissible a…
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