By JOSHUA ARLO
THE National Capital District Commission (NCDC) wants to reopen a Supreme Court decision made in their favour as it did not address all the issues raised in that appeal.
In a bid to get the court to “correct” that “slip” NCDC had launched an application before the Supreme Court urging it to use the opportunity to make right that “slip”.
The “slip” had to do with a ruling made on Dec 9, 2005, where the Supreme Court ruled that a Deed of Release amounting more than K8.5 million that was agreed by NCDC and Yama Security Services Ltd for a breach of contract between 1998 and 1999 as settlement was deemed null and void.
NCDC through its counsel from Posman Kua Aisi Lawyers submitted yesterday that the nullity of the deed was only one of six grounds raised but addressed and urged the court yesterday to reopen the decision and determine the remaining grounds of appeal.
The said deed resulted from a breach of contract by NCDC which terminated the services of Yama Security Services between 1998 and 1999.
NCDC agreed to settle the breach with a deed amounting to K8.5 million. However, it did not pay the amount.
NCDC is also claiming, amongst others, that since the nullification of the deed meant that any other outstanding issues related proceedings (Yama vs NCDC – WS No. 1221 of 1999) pending in court should be “merged”.
They said that with the nullification, it meant the ‘merged’ cases had no merit for litigation and should come to an end
However, there was strong rebuttal from Yama’s counsel, Benson Lomai, who discredited all the points of arguments raised, saying that already a ruling was made in favour of the applicants and that it was not a matter of public interest as was contended by the applicants since it was a private affair.
Mr Lomai also submitted that the nullity of the Deed could not delve into the question of liability and that the issue of liability was a matter for parties to compromise as it had been determined already.