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South Africa Case Law

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Civil Procedure [2017] ZAGPJHC 351

Asatico Civils and Construction (Pty) Ltd v Ekurhuleni Metropolitan Municipality (2230/2017)

Asatico Civils and Construction (Pty) Ltd v Ekurhuleni Metropolitan Municipality (2230/2017) [2017] ZAGPJHC 351 (20 November 2017)

Court
South Gauteng High Court, Johannesburg
Case number
2230/2017
Judge
S C Mia

Summary judgment was granted for retention monies due under a municipal roadworks contract, with the court rejecting technical and procurement-based defences.

  • Summary Judgment
  • Municipal Tender Contract
  • Retention Monies
  • Liquidated Claim
  • Defects Liability Period
  • Summary-judgment
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Civil Procedure [2016] ZAGPPHC 1017

City of Tshwane Metropolitan Municipality v Borwa Construction CC, In re: Borwa Construction CC v City of Tshwane Metropolitan Municipality and Another (87025/14)

City of Tshwane Metropolitan Municipality v Borwa Construction CC, In re: Borwa Construction CC v City of Tshwane Metropolitan Municipality and Another (87025/14) [2016] ZAGPPHC 1017 (10 November 2016)

Court
North Gauteng High Court, Pretoria
Case number
87025/14
Judge
Hughes

The High Court dismissed a rescission application, finding the applicant was in wilful default and that the earlier order was not erroneously granted.

  • Rescission Of Judgment
  • Wilful Default
  • Fictional Fulfilment
  • Contractual Performance
  • Retention Monies
  • Rescission-of-judgment
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Civil Procedure [2013] ZAECGHC 83

Werts v Tilink CC (CA 26/2011)

Werts v Tilink CC (CA 26/2011) [2013] ZAECGHC 83 (15 August 2013)

Court
Eastern Cape High Court, Grahamstown
Case number
CA 26/2011
Judges
Griffiths, Nepgen

High Court appeal over retention monies and a delictual counterclaim. The court upheld the appeal, granted absolution on claim three, and referred quantum back.

  • Absolution From The Instance
  • Retention Monies
  • Counterclaim Liability
  • Quantum Separation
  • Delictual Damage
  • Absolution-from-the-instance
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.