Renowned writer Leslie Flynn authored a text aptly titled Great Church Fights. In it he makes the analogy of two porcupines living in freezing conditions. They huddle together to keep warm. Unfortunately every time they got close to each other their quills pricked and forced them to move apart. The two needed each other but could not stop needling. That analogy epitomizes the dispute before me. As will be shown later in the judgment, disagreements between and amongst Christians typify the condescending attitude of believers when their personalities grate one another. The papers before me show that between October 2021... More
This summary judgment application graphically illustrates that a trend is fast developing among business people in this country to borrow huge sums of money from financial institutions and when the time to pay comes, to pay as little as possible or better still, not to pay at all. A pattern is manifesting itself where business people will stop at nothing in avoiding to pay legitimate claims and in the process play havoc to investor confidence. More
This matter turns on the interpretation of a deed of settlement prepared by the applicant’s legal practitioners in consultation with the respondent’s legal practitioners who eventually signed the deed of settlement on behalf of their clients.
The applicant and the respondents were involved in amatter under case number HC4000/17. At the pre-trial conference, the parties negotiated and reached settlement in respect of the subject matter of the proceedings in that case. The settlement culminated into a deed of settlement in terms of which the respondents were to pay certain specified amounts of money on specified dates. The deed of settlement... More
The plaintiff, a banking institution, is claiming payment of a sum of US$124 027.05, interest on that amount at the rate of 28 per cent per annum, collection commission and costs of suit on the legal practitioner and client scale. More
This is an application for summary judgment. The applicant, a commercial bank, issued summons against the respondents claiming payment of a sum of US$280 961.94 as the balance outstanding in terms of a loan facility availed to the first respondent in May 2011. The summons was issued on 28 March 2012. The other four respondents are cited on the basis that they executed deeds of surety-ship in favour of the applicant for the due fulfilment of the obligations owed to the applicant by the first respondent. In addition to the claim for the amount stated above and interest at a... More
