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Chuma v Bondcor (Pty) Ltd and Others (4151/2020) [2023] ZAGPPHC 1131 (5 September 2023)
The court held that a dolomitic latent defect was fraudulently withheld in a property sale and ordered repayment under actio redhibitoria.
Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd and Another (1011/2019) [2020] ZASCA 110; 2021 (5) SA 532 (SCA) (29 September 2020)
The Supreme Court of Appeal held that Murray & Roberts is contractually entitled to disclosure of information relevant to its entitlement to contractual benefits under clause 11.3 of the subcontracts. The court rejected Mitsubishi's arguments that privity and the Variation Agreement excluded such entitlement, finding that the pass-on obligation remains. The court further found that confidentiality obligations under the Main Contract do not preclude disclosure to Murray & Roberts as a subcontractor, and that Eskom did not assert any right to prevent disclosure. The remedy was tailored to requi…
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