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Digest of Court of Appeal precedents from June to August 2023 covering evidence, sentencing, appeals, land, civil procedure, and auctions.
The High Court dismissed Uwayo Marie Aimee’s urgent application to lift an attachment on her property, holding there was no urgency while the debt dispute remained unresolved.
The Court found that the claim by MANUMETAL Ltd was not a true urgent application (référé) but rather a substantive claim handled under urgent procedure, thus allowing for a second appeal. However, the attachment was executed on an account not belonging to TEDMER INT TRADE CO Ltd, making the attachment invalid and the claim inadmissible. The Commercial High Court did not err in rejecting the claim, and TEDMER INT TRADE CO Ltd was entitled to costs and attorney fees.
Source excerpt
The Court of Appeal held that urgent interlocutory orders are provisional and may be revisited, and that attachment of property must be proportionate to claimed damages.
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