The High Court has knocked back an attempt to prevent payment by an insurer under a chain of demand guarantees intended to facilitate a Tanzanian construction project.

The second applicant (EPCM Tanzania) contracted with the fourth respondent (TSK) and agreed to construct two bagasse boilers. The first applicant (EPCM SA) concluded indemnity agreements, in terms

Introduction

The Western Cape High Court handed down a novel and potentially far-reaching decision in March 2025 in Ti Ya Toivo Limited and Others v mv “Grey Fox” and Others, that appears to extend the jurisdiction of South Africa’s admiralty courts well beyond the conventional understanding of its limits.

The Court decided that section

We regularly hear from our insurance clients that they have great difficulty in getting their freight operator insureds to contract appropriately with their customers to protect against liability.

It is almost always our advice that the policy must ensure that the transporter has in place appropriate standard trading conditions that are binding or has appropriate