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The High Court dismissed a second civil appeal over loan recovery, upholding findings on the loan amount, admissibility of unstamped documents, and company representation.
The instant suit is barred by res judicata as the subject matter, parties, and issues have been finally determined in Land Application No. 494 of 2018 and Civil Case No. 12261 of 2024, and the subsequent suit merely continues the same dispute regarding loan recovery and mortgage enforcement.
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Written agreement (exhibit KE) acknowledging the debt is conclusive; oral evidence of partial repayment without documentary proof cannot contradict the written terms. No new evidence was received at the appellate stage.
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The Court of Appeal upheld liability on a loan guarantee dispute, finding the second appellant signed the guarantee and the appellants failed to prove repayment.
The High Court adopted a settlement deed as a consent judgment in a bank loan recovery case, marking the suit settled and enforceable as a decree.
The Plaintiff proved the existence of valid credit facility and guarantee agreements, the Defendants' breach of those agreements, and the outstanding debt. The Defendants' failure to file a defence or counter affidavit resulted in the Plaintiff's claims being deemed admitted. The Plaintiff is entitled to recover the outstanding loan, interest, and enforce the mortgage and guarantee.
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The court adopted the deed of settlement as the consent judgment, holding the 1st defendant liable for repayment of the loan in agreed installments, with the 2nd defendant as guarantor, and the 3rd defendant withdrawn from the case.
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The preliminary objections fail because the execution sought is in accordance with the deed of settlement and its variation, the amount is ascertainable as per the variation, and there is no government party or interest requiring application of the Government Proceedings Act. The objections do not raise pure points of law and are therefore overruled with costs.
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The dispute was for recovery of a loan and not a land matter; the Resident Magistrate's Court had jurisdiction to determine the suit as the cause of action was contractual, not based on rights to land.
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The parties mutually executed a deed of settlement specifying the division and payment of the outstanding loan, legal fees, and costs, and requested the court to adopt it as a consent judgment. The court found the settlement lawful and binding, and accordingly marked the suit as settled on those terms, recording the deed as the judgment and decree of the court.
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