Quantibuild (Pty) Ltd v Ngaka Modiri Molema District Municipality (3352/2019)
Quantibuild (Pty) Ltd v Ngaka Modiri Molema District Municipality (3352/2019) [2021] ZANWHC 39 (2 March 2021)
The defendant failed to provide a genuine and bona fide defence to the plaintiff's claim for payment under the contract and adjudication award. The contract, presumed valid until set aside by a court, was not challenged timeously by the defendant, and the counter-claim to review and set aside the contract was instituted after unreasonable delay without explanation. The defendant participated in the adjudication process and did not challenge the award, which is binding and enforceable. The defence based on illegality and lack of authority does not avail the defendant, as the contract's validit…
Source excerpt
- Summary Judgment
- Enforcement Of Adjudication Award
- Public Procurement Legality
- Contract Enforceability
- Counter Claim Delay