Read the full judgment text of FCMP 82/2018 on BabelCite. This FCMP judgment was delivered on 14 March 2019 before His Honour Judge G. Own.
Civil procedure – Originating Summons – Factual disputes – Burden of proof – Cross-examination – Costs – Indemnity basis – Duress – Undue influence – Misrepresentation – Consent Order – Setting aside – Litigation conduct – Disgraceful and contumelious – Applicant failed to call witnesses – Application dismissed – Indemnity costs awarded
Legal issues: Appropriateness of Originating Summons · Burden of proof and failure to call witnesses · Litigation conduct and costs
Outcome: Originating Summons dismissed