African Century Limited v Megalink Investments Private Limited & 2 Ors

Key Issues

• {"issue_text":"Whether the court erred in determining that the appellant was obliged to apportion the respondents' payment of US$88,000 toward settling the judgment debt","issue_type":"law","dispositive":"no","related_facts":"Post-judgment payments totaling US$88,000; appellant's appropriation to post-summons rentals"}
• {"issue_text":"Whether the court erred in determining that once the appellant had issued summons for a stated amount, the payments made by the respondent could not be apportioned to any debt which arose after the date of issue of the summons","issue_type":"law","dispositive":"no","related_facts":"Clause 7 of lease agreement; timing of payments versus summons date"}
• {"issue_text":"Whether the High Court properly exercised its discretion in granting a stay of execution","issue_type":"procedural","dispositive":"yes","related_facts":"Substantial payment made; minimal remaining balance; value of attached property"}

Background