21 Nov 2007
EZI FINANCE LIMITED V CHRISTOPHER TONY WATENE HC NEL CIV-2006-442-000627
- Citation
- openlaw-ee227f52_c10d_49b8_a77c_24272ef69975.pdf
- Court
- High Court
Ezi's cancellation was invalid because it did not follow the contractual cancellation/settlement process (no Settlement Notice) and the alleged acts relied on under s7 did not establish repudiation (handing over keys was not repudiatory, non-payments did not make time of the essence, and the conditional on-sale was subject to consent and did not indicate an intention not to perform); fresh evidence on appeal was inadmissible; accordingly the appeal is dismissed and the District Court's award to Watene stands.