Capital Civil and Building Construction (Pty) Ltd v Andrew Africa Coatings (Pty) Ltd and Another (2024-011937) [2025] ZAGPJHC 1190 (21 November 2025)

26 Reportability
Contract Law

Brief Summary

Appeal — Leave to appeal — Interpretation of building contract — Applicant sought leave to appeal against a judgment enforcing an adjudicator's determination in a dispute regarding paintwork — Court found that the applicant had a reasonable prospect of success on appeal — Leave granted to appeal to a Full Court of the Gauteng Division, Johannesburg.

IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG


CASE NO: 2024-011937




In the matter between:
CAPITAL CIVIL and BUILDING CONSTRUCTION (Pty) LTD APPLICANT

and
ANDREW AFRICA COATINGS (Pty) LTD FIRST RESPONDENT

ERROL LAING SECOND RESPONDENT
___________________________________________________________________
JUDGMENT – WRIGHT J
___________________________________________________________________

1. Reportable: No
2. Of interest to other judges: No
3. Revised

WRIGHT J

1. On 13 October 2025 I handed down a typed, signed judgment. Andrew had
sought to enforce a determination by Mr Laing, sitting as an adjudicator, in
favour of Andrew in a dispute about certain paintwork that And rew had to do
for Capital. I found for Andrew on the application and on Cap ital's counter­
application, wh ich was essentially the inverse of Andrew 's application.
2. Now Capital seeks leave to appeal my judgment and order.
3. In my view, Cap ital has a reasonable prospect on appeal. The case
concerned the interpretation of a building contract.
4. This matter does not need the attention of the SCA.
ORDER
1. Capital is granted leave to appeal the entire order of Wr ight J of 13 October
2025.
2. Leave is to a Full Court of the Gau teng D ivision, Johannesburg.
3. Costs in the appeal.
WRIGHTJ
Judge of the High Court
Gauteng Division, Johannesburg
HEARD
DELIVERED
21 November 2025
21 November 2025

APPEARANCES


APPLICANT Adv K Pretorius
Instructed by Roelf Nel Inc
sanjee@rninc.co.za

FIRST RESPONDENT Adv R Bosman
Instructed by CN Sweetnam Attorneys
nelson@cnslaw.co.za

SECOND RESPONDENT No appearance
errollaing@gmail.com