2.1.2 Our Senior Director has from inception been trained as a Litigation specialist and his experience (pre and post his admission in 2007) been involved in litigation matters and has over the years developed a track record of involvement in commercial litigation, corporate and other areas of law as will be indicated further below.
2.2.2 Our lead attorney is involved in managing, supervising and conducting court litigation matters from inception to finality, including negotiating out of court settlements on behalf of clients. Keeping track on matters’ progress and ensuring strict compliance with time frames and court rules. This entails the drafting of pleadings, notices, correspondence and heads of argument including representing clients in various forums, arbitrations, mediation and courts (with or without counsel).
2.2.3 The major litigation that our lead attorney is or was involved in, include the following:
2.2.3.1 The Joint Liquidators of Sun Air Limited v South African Airways [Gauteng Local Division, Johannesburg]. A Section 424 action (under the old Companies Act) against the former directors of South African Airways including Coleman Andrews. Briefed Advocate Brian Spilg SC (now Judge of the High Court) and Advocate Les Morrison SC.
2.2.3.2 FirstRand Bank Limited vs Nonhlanhla Lerato Buthelezi (Gauteng Local Division, Johannesburg: Case No. 144/2022). A reportable Judgment dated 17 August 2023 (Per Dippenaar J): Particulars of claim not disclosing a complete cause of action as no election was made whether to enforce or cancel the agreement as provided in lex commissoria principles. Our Senior Director, Samuel Ndobe, prepared all pleadings and Heads of Argument and appeared (without counsel) before Judge Dippenaar for argument against Counsel for FirstRand Bank Limited.
2.2.3.3 The Gauteng Department of Roads & Transport vs Taola Developers (Pty) Ltd Case No. 5163/2018 [Gauteng Local Division, Johannesburg). Enforcement of Adjudication Award issued by an Adjudicator before Adjudication proceedings in terms of the NEC3 Term Contract in respect of payment for escalation amounts, interest due on the awarded claim and work orders. Judgment granted on 11 February 2022 in favour of Taola Developers (Pty) Ltd (represented by Ndobe Inc).
2.2.3.4 Buco Polokwane Sapphire an Operation of Illiad Africa Trading (Pty) Ltd v Mabaleng Civils & Projects (Pty) Ltd (formerly, Tsoshanang Training Centre): [Gauteng Division, Pretoria] Case No’s 74868/13 & 82527/14; - Ndobe Inc represented the Defendant, Mabaleng Civils & Projects. Judgment granted on 5 April 2022 dismissing a claim by Buco Polokwane Sapphire an Operation of Illiad Africa Trading (Pty) Ltd.
2.2.3.5 NTP Radioisotopes SOC LTD (“NTP”) & 2 Others v Fulufhuwani Corporate Governance and Legal Advisors: Arbitration Proceedings before Arbitrator: Advocate Terry Motau SC. Sam successfully represented NTP (without Counsel) in the Arbitration held at AFSA International. A dispute arising from a commercial agreement and claim for payment.
2.2.3.6 Taledi Morosi Building and Construction & 6 Others vs Department of Roads & Transport: Adjudication and High Court Review Application: A Claim against the Department of Roads & Transport in the sum of R102 008 389.99 (One hundred two million, eight thousand, three hundred eighty-nine and ninety-nine cents). Briefed Advocate Richard Solomon SC and Advocate H. Lekalakala – 0834175831- harry@mweb.co.za . Matter is cunrrently pending before the Gauteng Local Division, Johannesburg.
2.2.3.7 Anooshkumar Rooplal N.O (Liquidator of VBS Mutual Bank) v N Khangale: Gauteng Local Division, Johannesburg. Case No. 20/111 11. The Liquidator of VBS Mutual Bank (in liquidation) brought an application against the Respondents for recovery relief relating to two Credit Agreements: a mortgage agreement and Vehicle Financing Agreement. Our lead attorney before the High Court (without Counsel).
2.2.3.8 Umalusi vs Capital Energy Technologies: Arbitration proceedings before Advocate Benny Makola SC. The claimant is suing for damages arising out of the defendants’ alleged repudiation of a construction contract concluded between the parties for the provision of turnkey services for the refurbishment of the claimant’s (Umalusi) building at 41 General van Reyneveld Street, Persequor Technopark, Pretoria.
2.2.3.9 NTP Radioisotopes SOC LTD v Superior Pressure Solutions: Back-up compressors failed the Site Acceptance Test (SAT). Compressors could not be commissioned as they failed to meet the requirements certain specifications and requirements. This included preparation of the termination notice in respect of the installation of the back-up compressors and claiming money paid for the installation and supply of compressors. Our lead attorney represented NTP in the dispute.
4.2.3.10 Impoqo Trading CC v Rand Water: Mediation and settlement arising out of a dispute in respect of the manufacture, supply, delivery, installation and testing of water tanks and the claim arising therefrom against Rand Water. This include the assessment of Engineering Reports, attending to inspection in loco and disputing the validity of the termination notice in respect of the contract. Ndobe Inc represented Impoqo Trading CC.