The Court of Appeal held that Thomas Et Piron Grands Lacs Ltd had already lost on the same grounds in the lower courts, so its second appeal was inadmissible.
PEZ Co Ltd is the legal successor to RFZ Co Ltd and is liable for obligations under contracts entered by RFZ Co Ltd. Mubiligi Paul, as a member of the joint venture, has standing to claim his share of unpaid work. Damages must be calculated based on actual unpaid invoices and proven participation. Some damages and legal fees previously awarded were not justified and are set aside. Both parties' claims for additional costs and fees are denied.
The Court of Appeal held that CSC & EC PROPRIETARY’s second appeal was inadmissible because the lower courts relied on the same grounds. NEC Ltd was awarded partial costs.
The Court found that both lower courts dismissed CSC & EC PROPRIETARY's claims on the same grounds, namely that NEC Ltd fulfilled its contractual obligations and that the Joint Venture was not liable as it was not a party to the contract. Therefore, under Article 52 of Law No. 30/2018, the second appeal was inadmissible. The Court also awarded legal costs and attorney fees to NEC Ltd.
The Supreme Court held that enforcement could proceed against a joint venture member and dismissed the applicant’s challenge, awarding damages for delay.