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South Africa decisions
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African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022) [2025] ZAECQBHC 14 (13 May 2025)
The High Court dismissed an exception in a dispute over a cession agreement, holding that its interpretation could not be resolved on exception.
Francis Transport and Plant Hire CC v Smart Civil Construction (Pty) Ltd and Another (17090/2018) [2022] ZAGPJHC 1022 (28 December 2022)
High Court found no valid written cession of a subcontract, upheld claims for payment, and held the defendants jointly and severally liable.
Tshwarisano Trading CC v Sibonga Intuthuko Construction CC (59854/2011) [2019] ZAGPPHC 130 (17 April 2019)
The court found that the plaintiff proved on a balance of probabilities that it performed the work/services stipulated in the subcontract agreement. The evidence established that the plaintiff sourced and employed local labourers who physically completed the trench excavation, house connection, and backfilling, using machinery provided by the defendant. The defendant's version was uncorroborated and contradicted by the evidence of the plaintiff's witnesses, whose testimony was not challenged in cross-examination. The court accepted that the defendant paid salaries directly to the plaintiff's…
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Jake Trading CC v Rambore (Pty) Ltd t/a Rambore Specialist Contractors and Another (11909/2017) [2019] ZAWCHC 27 (13 March 2019)
The court held that there is no cogent legal policy basis to extend a delictual duty of care to the second defendant in the circumstances of this case. The plaintiff could have protected itself contractually against the risk of pure economic loss arising from damage to cables, as the City of Cape Town did in its contract with the plaintiff. The absence of contractual privity between the plaintiff and the second defendant does not justify the extension of a delictual remedy, especially where the plaintiff's vulnerability to risk could have been managed by stipulating for an indemnity in the su…
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Jorian Construction CC v Tshenolo Resources (Pty) Ltd and Another (2622/1016) [2018] ZANCHC 86 (16 November 2018)
The court found that Jorian Construction, as a subcontractor, did not establish privity of contract with the Municipality. The Municipality was not aware of the appointment of Jorian Construction and had no direct contractual obligation to it. The enrichment claim was unsubstantiated and not seriously pursued. Tshenolo Resources' opposition was irrelevant as no relief was sought against it. The plaintiff failed to make out a case for default judgment against the Municipality, and the matter should proceed to trial for all issues to be properly ventilated.
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Powercem Trading And Manufacturing (Pty) Ltd T/A Powercem SA v Thobakgale N.O (1391/2012) [2014] ZANWHC 48 (11 September 2014)
The court dismissed Powercem’s claim against the North West Department, finding no binding contract or approved cession because DPW’s written approval was never obtained.
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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