Heptagon Civils {Ply} Ltd and Another v AG Thomas and Others (650 of 2019) [2023] SZHC 43 (10 March 2023)

Case summary

Civil Procedure - Urgent and ex-parte application- Duty of the Applicant to fully disclose material facts in ex­ parte     applications            Rescission of judgment erroneously granted by the Court in the absence of any interested party who has a direct and  substantial interest - Where goods and/ or assets are on lease or hire purchase from a financial institution,  those goods or assets remain the property of that  financial institution unless and until the terms of the contract are fully complied with by the Lessee(s), and  such goods and/ or assets shall not be subject of a judicial attachment for purposes of a sale in execution to satisfy the debt of another party against the  aforesaid Lessee(s) to the financial prejudice of the financial         institution which is the lawful owner of these goods and/ or assets.

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