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South Africa decisions
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Kaykaysim Projects (Pty) Ltd v Dihlabeng Local Municipality (1355/2024) [2025] ZAFSHC 16 (23 January 2025)
The High Court upheld an exception to particulars of claim seeking retention money, finding the plaintiff had not pleaded enough contract facts to sustain the claim.
Montcommerce d.o.o. vs Murray and Roberts Ltd (020727/2023) [2024] ZAGPJHC 357 (12 April 2024)
The defendant failed to establish a factual basis for its apprehension that the plaintiff would be unable to satisfy a costs order. Mere status as a foreign peregrinus does not automatically entitle the defendant to security for costs. The defendant did not provide evidence of the plaintiff's financial inability or any probability thereof. The plaintiff did not plead poverty or suggest that an order for security would prevent it from pursuing its claims. The balancing exercise required by law, considering fairness and equity, did not justify ordering security for costs in the circumstances. T…
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Montcommerce v Murray and Roberts Limited (020727/2023) [2024] ZAGPJHC 402 (12 March 2024)
The High Court dismissed a defendant’s application for security for costs, holding that foreign peregrinus status alone is not enough without a factual basis for inability to pay.
Tusk Construction Support Services (Pty) Ltd v Tokologo Local Municipality (628/2017) [2024] ZAFSHC 63 (29 February 2024)
The court found that the defendant was properly notified of the cession and was aware of the plaintiff's entitlement to payment as early as October 2010. Payment certificates issued after notification signified debts owed by the defendant to Thiza, which, by virtue of the cession, were due to the plaintiff. The defendant's argument that Thiza had abandoned the site and was not entitled to retention money was rejected, as evidence showed the contract was not terminated and payment certificates continued to be issued in Thiza's name. The plaintiff only acquired knowledge of the relevant facts n…
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Botshabelo Consulting Engineers (Pty) Ltd v Greater Giyani Municipality (5346/2020) [2023] ZALMPPHC 61 (4 August 2023)
High Court granted provisional sentence for unpaid payment certificate and retention monies under a construction contract, finding no valid defence.
CBZ Solutions (Pty) Ltd v Eskom Holding SOC Ltd ; In Re Eskom Holding SOC Ltd v Zurich Insurance and Others (2022/5427) [2023] ZAGPJHC 470 (15 May 2023)
The High Court refused to remove CBZ Solutions as a defendant, finding it had a possible direct and substantial interest in the underlying dispute.
Set-Mak Civil & Gololosegang Basadi Civil JV v Masilonyana Local Municipality (834/2017) [2017] ZAFSHC 75 (8 June 2017)
The High Court granted declaratory and payment relief for contractual debt, finding the municipality’s denials implausible and ordering attorney-and-client costs.
Thabula Trade and Invest 3 (Pty) Ltd v Ruwacon (Pty) Ltd and Others (866/2016) [2016] ZAFSHC 76 (2 June 2016)
The court found that the dispute resolution clause in the subcontracts was permissive, not mandatory, and did not preclude the applicant from seeking relief in court. The retention clauses in both subcontracts were interpreted to mean that retention monies became payable upon final completion as certified by the engineer, and not subject to a further defects liability period or contingent on the main contractor first receiving payment from the employer. The court accepted the close-out reports from the engineer as certification of final completion and satisfaction with the retention work. The…
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Daycor Project Management CC v Tshwane Glass & Aluminium (Pty) Ltd t/a Industria Glass & Aluminium (51106/2009) [2013] ZAGPPHC 281 (20 September 2013)
High Court trial dispute over alleged defective aluminium windows and doors. The plaintiff’s damages claim failed, and the defendant succeeded on its counter-claim, subject to deductions.
JSW Electrical (Pty) Ltd v SBB Joint Venture (24603/2001) [2008] ZAGPHC 359 (14 October 2008)
The court held that a termination agreement settled the subcontract dispute and ordered payment for completed work, materials on site, retention money, interest, and costs.
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