27 Aug 2008
BERRY ZONDAG AND MEI ZONDAG V HERMANUS JOHANNUS GERARDUS ZONDAG CA CA334/2007
- Citation
- openlaw-fd2ee966_1fd6_4bce_a14a_c43974e29f9f.pdf
- Court
- Court of Appeal
The Court affirmed the High Court's factual findings and credibility assessments, held that a fixed price construction contract existed evidenced by the cost plan and communications, found sufficient part performance to order specific performance of a 327m2 boundary transfer, concluded the plaintiff had overpaid $46,151.62 and ordered repayment, and upheld the discretionary costs awards including the proportionality‑based allocation and appellate costs.