South Africa Case Law

Mmamoleboge Investments CC and Other v Crimson Properties 351 (Pty) Ltd and Others (23731/2018)

Mmamoleboge Investments CC and Other v Crimson Properties 351 (Pty) Ltd and Others (23731/2018) [2024] ZAGPPHC 303 (4 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

23731/2018

Judge

Holland-Muter

The court found that the Plaintiffs were appointed as subcontractors under the JBCC agreement and were instructed by the Department to remain on site during a nine-month cessation for reasons beyond their control. The Plaintiffs submitted claims for standing time and contract adjustment, which were approved and paid by the Department to the First Defendant. The First Defendant failed to pay the Plaintiffs the amounts due and did not provide credible evidence to support its defences of poor workmanship, prescription, or full and final settlement. The court rejected the First Defendant's argume…

Source excerpt

• Construction Contracts
• Standing Time Claims
• Contractual Adjustment
• Prescription
• Interest On Debt

MEC for Department of Human Settlements, Eastern Cape Province v Aveng Grinaker - LTA Building Cape (Pty) Ltd (EL 459/2015)

MEC for Department of Human Settlements, Eastern Cape Province v Aveng Grinaker - LTA Building Cape (Pty) Ltd (EL 459/2015) [2021] ZAECGHC 56 (8 June 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

EL459/2015

Judges

J.E. Smith, N.G. Beshe, L. Flatela

The High Court dismissed an appeal over a construction claim, holding the department was contractually bound to pay an interim payment certificate for delay-related losses.

• Construction Contracts
• Interim Payment Certificate
• Standing Time Claims
• Contractual Obligations
• Delay And Extension Of Time
• Construction-contracts

Atlantis Mining (SA) (Pty) Ltd v Blue Nut Trading (Pty) Ltd (33785/2015)

Atlantis Mining (SA) (Pty) Ltd v Blue Nut Trading (Pty) Ltd (33785/2015) [2015] ZAGPPHC 843 (11 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

33785/2015

Judge

Tlhapi

The High Court granted final liquidation of Blue Nut Trading (Pty) Ltd after finding its debt to Atlantis Mining undisputed and its insolvency established.

• Final Liquidation
• Commercial Insolvency
• Mining Contract Dispute
• Urgent Application
• Standing Time Claims
• Final-liquidation