9 Feb 2007
SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
- Citation
- SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV10/2006
Court held Seeberger personally liable under Clause 5 proviso once ESCT received monetary compensation in excess of US$10,000,000 and Egana failed to pay; the MoA was not champertous; the best endeavours clause was not a condition precedent to payment under Clause 5; estoppel by convention against Egana was not established on the facts and therefore judgment against Egana was set aside; Seeberger's appeal dismissed and Egana's appeal allowed.