Yama’s case against MVIL deferred

THE Yama Security Services Limited (YSS) is not owed any money in damages by the Motor Vehicle Insurance Limited (MVIL), according to Greg Egan, the  counsel who was flown in from Australia yesterday to defend MVIL in the proceedings.
Mr Egan told the National Court yesterday that his client took issues with the court decisions which ordered leave to be granted for YSS to issue garnishee notice to MVIL to ensure the K7,617,301.32 owed in damages be paid into Mr Yama’s YSS account directly from MVIL’s BSP account.
Consequently yesterday, instead of hearing an application by Mr Yama for a garnishee absolute, the case was adjourned to Jan 13 to hear submissions and counter submissions as to why MVIL is claiming it is not liable to make such payment, as ordered by the National Court on Aug 25, 2000.
That judgment is in favour of YSS in a sum of K4,398,937.85 for breach of contract.
With costs, this had increased to K7,617,301.32.
MVIL appealed against the said decision and on May 5, 2006, the Supreme Court quashed the appeal and upheld the order of the National Court.
The appellants further filed an application to re-open the matter and the Supreme Court rejected the appellants’ application on Dec 2 this year.
Following this, YSS wrote to the defendants’ lawyers to ensure settlement of K7,670,301.32 plus costs were settled.
But due to continued failure of the payment, garnishee proceedings were instituted.
Yesterday, while Justice Bernard Sakora ordered the adjournment, he said he would hear it in two weeks and not adjourn the matter generally.