On 31 May 2022, after hearing oral submissions by counsels, I dismissed the applicant’s application with costs on a higher scale in an extempore judgment. The applicant has asked for written reasons following the noting of an appeal. The following are the reasons.
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On 25 August 2008, the plaintiffs issued summons out of this court claiming from the defendants the sum of US$3 872 123-00 together interest thereon at the rate of 6% p.a. capitalized monthly and calculated from 1 February 2001 to date of payment in full. It was alleged in the plaintiffs’ declaration that the debt claimed arose from certain advances and loans made to the defendants by the plaintiffs at the defendants’ special instance and request during the period 1 February to 9 November 2001. It was further alleged that the total sum advanced and lent to the defendants amounted...
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In November 2017 the plaintiff (respondent in this application) instituted action against the defendant (the present applicant) claiming the payment of certain amounts of money due and payable in terms of a compromise agreement entered between the parties. The defendant has still not filed a plea. It has however filed two request for further particularity to the claim. This is an application to compel the furnishing of further particulars in terms of Order 21 Rule 141(b) of the High Court Rules, 1971. The last of such requests was filed on 29 November 2017 wherein the plaintiff insisted that the particulars...
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