Moseme Road Construction CC and Others v King Civil Engineering Contractors (Pty) Ltd and Another (385/2009) [2010] ZASCA 13

15th March 2010

Summary: Tender award - setting aside - award of contract by court to unsuccessful tenderer - inappropriate in the circumstances.

ORDER

On appeal from: The South Gauteng High Court (Johannesburg) (Jajbhay J sitting as court of first instance):

1 The appeal is upheld with costs.

2 The order of the court below is set aside and replaced with an order dismissing the application with costs and making no order on the counter-application.