Axton Matrix Construction CC v Roads Agency SOC Limited and Another (HCAA 05/2021)
Axton Matrix Construction CC v Roads Agency SOC Limited and Another (HCAA 05/2021) [2022] ZALMPPHC 5 (18 January 2022)
The court held that the order refusing separation of issues under Rule 33(4) was appealable, as the court a quo had decided the merits of the special pleas and denied the appellant the opportunity to present further evidence. However, the court found that the facts and claims between the parties, including contractual and delictual claims, were interwoven and could not be conveniently separated. The determination of the special pleas would not dispose of the entire dispute, as the delictual claim would remain. The overriding consideration is the convenience, appropriateness, and fairness to a…
Source excerpt
- Separation Of Issues
- Special Plea Time Bar
- Waiver Pactum De Non Petendo
- Construction Contracts
- Rule 33 4
- Delictual Claims