The plaintiff company issued summons against the three defendants out of this court on 8 November 2005. It claimed for the payment of an outstanding debt of US$ 1 560 437.68, interest at the rate of 15% per annum, costs of suit on an attorney and client scale and collection commission at the Law Society tariff rate. The claim was based on the deeds of suretyship that each defendant signed in favour of the plaintiff. The defendants contested the action mainly on the ground that their personal guarantees offended against s 11 of the Exchange Control Regulations SI 109/1996 as... More
I heard this application on 20 June 2022.I decided it on the basis of the preliminary points which counsel for the second respondent raised.I delivered an ex tempore judgment in which I struck the application off the roll and ordered each party to meet its own costs.
On 27 June 2022 the second respondent wrote requesting written reasons for my decision. My reasons are these:
On the day that the application was scheduled for hearing, Ms Mahere, for the second respondent, raised two preliminary points. These were that:
i) the applicant filed its Heads out of time, is barred and... More
: This is an application for rescission of a default judgment in terms of r 449 (1) (a) of the High Court Rules, 1971 made by the applicant seeking the following relief:
“IT IS HEREBY ORDERED THAT:
1. The order granted by this Court, on the 6th of June 2018 in case No. HC 2463/18 be and is hereby rescinded as it was granted in error.
2. The costs of this application shall be borne by the first respondent and its legal practitioners, Mr T Uchena of Mambosasa legal practitioners, jointly and severally, the one paying the other one to... More
On 24 October, 2012 plaintiff obtained provisional sentence against the defendant.
On 25 October, 2012 defendant entered appearance to defend.
On 7 November, 2012 defendant filed its plea to the plaintiff’s application.
On 31 May, 2013 defendant applied for a Pre-Trial Conference date and it filed with the court issues which it considered were relevant to the case. The Registrar of this court referred the record to me for dealing. More
The plaintiff instituted action for a decree of divorce and other ancillary relief. The defendant in turn counter-claimed for a decree of divorce and other ancillary relief. More
