Delta Corporation Limited v Forward Wholesalers (Private) Limited and Joseph Munyonho

Key Issues

• {"issue_text":"Whether the first defendant is indebted to the plaintiff in the sum claimed","issue_type":"mixed","dispositive":"yes","related_facts":"Defendants admitted receiving products but claimed payment; audit revealed lack of proof of payment"}
• {"issue_text":"Whether the immovable property should be declared specially executable","issue_type":"law","dispositive":"no","related_facts":"Mortgage bond was executed as security; defendants defaulted on payment"}
• {"issue_text":"Whether plaintiff breached the terms of the credit facility agreement","issue_type":"mixed","dispositive":"no","related_facts":"Defendants alleged breach; plaintiff denied breach"}
• {"issue_text":"Whether defendants are entitled to the relief sought in reconvention","issue_type":"mixed","dispositive":"no","related_facts":"Defendants claimed cancellation of agreement and mortgage bond"}

Background