Homeboyz Construction (Pty) Ltd v Luphiko Emaphikweni Investments (Pty) Ltd (141) [2023] SZHC 526 (8 June 2023)


Plaintiff instituted an action against Defendant for damages it suffered in respect of its excavator plant which got damaged during the course of work carried out in terms of an oral loan for use contract. The gratuitous lending agreement entered into by the parties' representatives were subject to an implied term that Defendant would return the excavator in the same condition. Roman Dutch Law principles of loan for use and commodatum discussed.

 

 

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