Security firm disputes K2m repayment order

LAWYERS representing Yama Security Services (YSS) have described the decision of the National Court ordering the company to repay K2 million to the National Capital District Commission, as “putting a cart before the horse”.
Ben Lomai, lawyer for the company, said the court order issued by Justice Derrick Hartshorn last month “did not have any utility whatsoever”.
“This is a claim within a claim that is still subject to assessment and therefore NCDC should have used the payment of K2 million as a mitigating factor in the assessment of damages,” Mr Lomai said in a statement.
NCDC and YSS, owned by former Usino-Bundi MP Peter Yama, have been locked in a court battle with various lawsuits and counter lawsuits in both the National and Supreme Courts since NCDC terminated two security contracts worth almost K8 million in 1999.
NCDC recently obtained a default judgment in a separate action, uncontested by YSS, and Justice Hartshorn ordered that K2 million already paid to YSS as part settlement, be repaid to NCDC.
Mr Lomai said they were now applying to have this judgment set aside, while they await the assessment of damages from the previous court action.

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