This is a special case in terms of Rule 52 of the High Court Rules, 2021. According to the agreed facts the first defendant acted in breach of contract when they diverted the plaintiff’s funds from the plaintiff’s bank account to their personal accounts. This breach of contract happened between 3 November 2016 and 19 February 2019 and the terms of contract breached are outlined in paragraph 7 of the agreed facts. Paragraph 11 of the same facts also show that the defendants also admitted liability and paid the plaintiff the amount due in RTGS at the rate of 1:1... More
This is an unusual application. The applicant is the purported defendant in a contested action filed by the respondent as plaintiff in this court HC 8956/10. A pre-trial conference was held and the action referred to trial on a set of issues that were agreed between the parties before a judge. More
The applicant seeks a declaration of invalidity in respect of additional income tax assessments for the tax years ended 2019 and 2020. It also seeks another declaration of invalidity of the additional value added tax [VAT] assessments issued against it by the respondent for the period March 2019 to October 2021. It claims costs of suit on an attorney and client scale against the respondent. More
Delta Beverages Private Limited (plaintiff) sued all the three defendants claiming the sum of US$33 876.72 being the amount due and owing by the defendants to the plaintiff in respect of the balance of the costs of goods namely beverages supplied on credit to first and second defendants during the period extending from the 11th February 2009 to 9th June 2014 and for which the first and second defendants on the 30th December 2013 acknowledged themselves to be truly and lawfully indebted to the plaintiff as at that date in the total sum of US$22 107. The third defendant bound... More
