Supreme Court quashes ruling, orders fresh hearing

National

THE Supreme Court has ordered a fresh hearing on a case brought by a rental car company against the Government regarding an outstanding bill of nearly K1.5 million for services provided.
Stran Investment Ltd took the matter to the Supreme Court after the National Court earlier dismissed the claim.
Justice Ellenas Batari, Justice Derek Hartshorn and Justice Thomas Anis who made up the Supreme Court bench ruled that the trial judge erred in law and mixed facts in the case between the rental car company and Michael Tapo, the then Education Secretary.
They ordered that the court’s decision be quashed and the case be reinstated before another judge.
The National Court dismissed the claim by the company that it was owed K1,449,407.75 by the state for its hire car rental services.
It claimed that its vehicles were from Nov 1, 2007 to Oct 30, 2008 for the Rehabilitation of Educational Schools and Institutions programme implemented around the country.
The judge dismissed the proceedings on Sep 4, 2018 because the company had failed to give notice of its intention to sue within the required six-month period.
The Supreme Court bench ruled that: “We find that the trial court did not consider fully the submissions of the appellant in terms of law and the relevant facts that had been presented as evidence.
“We therefore find that the trial court had erred in mixed fact and law when it did not give regard to the minute dated Oct 8, 2014.
“Had that been done, the trial court would have found that the appellant’s (intention to use) notice on Nov 27, 2014 was within the mandatory time sanctioned by law.”