On 19 July 2006, the applicant obtained judgment in this Court in case No. HC 2433/2005 in the sum of $485 316 000. The order provided for interest in the following terms:
“Interest is due on the above amount at the prevailing overdraft interest rate as quoted by Stanbic Bank Limited.” More
This matter was filed in this court by way of urgent chamber application on 4 February 2008. After hearing the matter I dismissed the application without giving reasons. These are the reasons for my decision. The applicants were seeking the following interim relief: More
Plaintiff sued first, second and third defendants for payment of the sum of $251 694 plus interest and costs of suit on a legal practitioner and client scale. The claim against first defendant arises from a credit sale agreement which plaintiff’s avers was entered into by and between plaintiff and first defendant on or about 28 September 2012. More
At the close of the plaintiff’s case the second and third defendants made an application for an absolution from the instance on the basis that the evidence adduced is not such that the court might make a reasonable mistake and grant judgment in favour of the plaintiff against them.
The plaintiff’s case against the second and third defendants consistsinter alia of an application for rectification of a Suretyship agreement signed on 28 September 2012 in order to record a common intention of the parties that both the second and third defendants stood surety as co-principal debtors in favour of the... More
On 13 March 2012 the applicant filed an application in this court seeking the following relief:-
“It is ordered that;-
1. The security bond held in favour of the first respondent by the second respondent in the name of the applicant dated 1 October 2010 is hereby declared to be of no force or effect.
2. The second respondent shall upon being served with a copy of this order, immediately pay to the applicant $220 000 (two hundred and twenty united states dollars) being the amount the second respondent held back in lieu of cashing the performance bond.
3. The... More
