Background

A claim was brought requesting the court to order a defendant to pay an amount with interest for the sale of building materials, excavation works and haulage of debris. The first instance court ordered the defendant to pay the claimant for building materials only and the claimant appealed. The appeal court ordered the defendant to pay an additional amount for excavation works plus the award given by the lower court. The defendant appealed by cassation arguing that the judgement appealed against was based on an expert report delivered by an expert who was nominated by the original expert. No court approval was obtained for this and the expert was not listed in the court's list of experts. Also, that he did not follow standard procedure and committed errors when calculating costs.

Decision