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Appeal dismissed: 20 April 2016 letter was a binding contract, debt discharged by MK16,304,708.82, respondent entitled to interest.
Contract — variation of existing loan agreement by letter — formation, offer, acceptance and consideration — discharge of debt by payment of shortfall; Civil procedure — compliance with Order III grounds of appeal; Interest on judgment — pleadings, statutory rate and assessment by Registrar.
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18 July 2023 |
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Court continued ex parte stay pending appeal, granted leave to appeal, and ordered procedural steps and exclusion of later punitive orders.
Civil procedure – stay of execution pending appeal – jurisdiction under Order 1 Rule 18 – inherent jurisdiction – test for stay: justice, expediency, risk of appeal being rendered nugatory, balance of convenience – leave to appeal granted – exclusion of later punitive orders from record of appeal.
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14 July 2023 |
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Court sustained stay pending appeal, granted leave to appeal, and ordered timelines while excluding un-heard punitive orders from the record.
Civil procedure — Stay of execution pending appeal — Discretionary equitable remedy — Tests: serious issue, irreparable harm, balance of convenience/justice — Jurisdiction under Order 1 Rule 18 and inherent jurisdiction — Leave to appeal and exclusion of unhearing punitive orders from record.
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14 July 2023 |