- Flynote
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Contract law – jurisdiction – Superior Courts Act 10 of 2013 – whether the parties explicitly agreed that a particular high court would have exclusive jurisdiction in the event of the relief sought in respect of arbitration proceedings – whether the parties should be kept to the aforesaid agreement based on the principle of pacta sunt servanda – whether a court of appeal has jurisdiction to act as a court of first instance to determine the merits of the application where the court a quo has made no previous decision on the substantive merits
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Cited documents 7
Judgment 5
- City of Tshwane Metropolitan Municipality v RPM Bricks Proprietary Ltd (177/2006) [2007] ZASCA 28 (27 March 2007)
- Department of Transport and Others v Tasima (Pty) Ltd [2016] ZACC 39 (9 November 2016)
- Foize Africa (Pty) Ltd v Foize Beheer BV and Others (752/2011) [2012] ZASCA 123 (20 September 2012)
- Merafong City Local Municipality v AngloGold Ashanti Limited [2016] ZACC 35 (24 October 2016)
- Standard Bank of SA Ltd and Others v Thobejane and Others (999/2019) [2021] ZASCA 92 (25 June 2021)