NJANIKE CONSTRUCTION COMPANY (PVT) LTD t/a ONE WAY BULDING CONTRACTORS’ CONSTRUCTION v TURNALL HOLDINGS LIMITED

Key Issues

• {"issue_text":"Whether a valid and enforceable contract was concluded between the parties in May 2018","issue_type":"mixed","dispositive":"yes","related_facts":"Proforma invoice issued, payment made, acknowledgment of payment"}
• {"issue_text":"Whether the contract became perfecta and enforceable given the suspensive condition of delivery upon project commencement","issue_type":"law","dispositive":"yes","related_facts":"Agreement that delivery would occur when project commenced"}
• {"issue_text":"Whether the respondent's defence of prescription has merit","issue_type":"law","dispositive":"no","related_facts":"Contract concluded 2018, demand made 2025, acknowledgment in 2022"}
• {"issue_text":"Whether currency changes through SI 33 of 2019 and SI 60 of 2024 extinguished contractual obligations","issue_type":"law","dispositive":"no","related_facts":"Currency changes occurred after contract formation"}
• {"issue_text":"Whether specific performance should be granted","issue_type":"law","dispositive":"yes","related_facts":"Applicant paid deposit, respondent refused delivery"}

Background