Lnyatsi Construction Limited v Sunla Investments (40 of 2021) [2022] SZSC 27 (4 July 2022)

Case summary

Practice and Procedure-Duty of trial judge to evaluate evidence and make factual findings before pronouncing on the rights and liabilities of litigants Practice and Procedure-trial court not making findings of fact-role of appellate court Practice and Procedure-mutually destructive versions-when party who bears the onus will succeed-consequences of evenly matched probabilities Engineering and Building Contracts-liability of employer for the conduct of independent contractor-test for Law of obligations-concurrence of actions between action for breach of contract and the aquilian action-determining the remedy sought by litigant­ pleadings decisive Loss of profit-compensable in delict-requirements for

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