Fleet Africa (Pty) Ltd v Polokwane Local Municipality (720/2022) [2023] ZASCA 142 (30 October 2023)

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